United States v. Purcell Toston

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Purcell TOSTON, Defendant-Appellant. No. 93-30465. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Nov. 15, 1994. Before: WOOD, * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 Purcell D. Toston appeals his sentences for conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a)(1), 841(b)(1)(A), 846, and possession of cocaine base with the intent to distribute in violation of 21 U.S.C. Secs. 841 (a)(1), 841(b)(1)(A). Toston argues that the district court erred: (1) in concluding that it lacked discretion to make a downward departure from the Sentencing Guidelines based on the differences among various state juvenile justice systems; (2) in failing to depart downward because Toston's juvenile convictions significantly over-represent the seriousness of his criminal history; and (3) in failing to depart…