United States v. William Edward Fry

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. William Edward FRY, Defendant-Appellant. No. 93-30470. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 16, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 William Edward Fry pleaded guilty to nine counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (d), and one count of possession of a firearm while committing a robbery in violation of 18 U.S.C. Sec. 924 (c). Fry appeals his sentence contending that the district court erred in determining it had no authority to depart from the Guidelines for his assistance to authorities absent a motion from the government. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo a district court's refusal to depart where the court indicated that it did not have the discretion under the guidelines to depart. United…