United States v. Gerardo Morales-Garcia

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerardo MORALES-GARCIA, Defendant-Appellant. No. 94-50021. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Dec. 7, 1994. Before: WALLACE, REINHARDT, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Defendant/Appellant Gerardo Morales-Garcia (Morales-Garcia) pleaded guilty to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). At his sentencing hearing, Morales-Garcia requested that the district court depart downward from the United States Sentencing Guidelines range because he had suffered extraordinary abuse as a child. The district court did not depart downward from the Guidelines range, sentencing Morales-Garcia to seventy-three (73) months in custody, to be followed by a three-year term of supervised release. Morales-Garcia timely appeals that sentence and we affirm. I. 3 A district court's discretionary…