United States v. Gail Harrison-Philpot

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gail HARRISON-PHILPOT, Defendant-Appellant. No. 94-30187. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided March 20, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 1. The district court recognized that it had authority to depart downward under United States v. Roe, 976 F.2d 1216 (9th Cir.1992), but chose in its discretion not to grant such a departure. See ER 52 ("The court declines to depart downward, Mr. Filipovic. Although I have the authority to do so. I decline to depart downward in this case."). "The district court's discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal." United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994). Because the district court recognized that it had authority to depart here, its discretionary refusal to do so is unreviewable…