United States v. Shane Randy Watson

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Shane Randy WATSON, Defendant-Appellant. No. 94-30167. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Shane Randy Watson appeals his sentence after pleading guilty to one count of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). He contends the district court erred when it failed to depart downward based upon a significantly overstated criminal history category, an extraordinary mental health condition and a history of severe childhood abuse. We dismiss for lack of jurisdiction. 3 So long as the sentencing court is aware of its authority to depart downward, this court lacks jurisdiction to review a district court's discretionary decision not to depart from the guidelines. United States v. Morales, 972 F.2d 1007, 1011 (9th Cir.1992), cert.…