United States v. Janine Ann Henry

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Janine Ann HENRY, Defendant-Appellant. No. 94-30330. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Appeal from the United States District Court for the District of Oregon, No. CR-94-60004-MRH; Michael R. Hogan, District Judge, Presiding. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Janine Ann Henry appeals her 33-month sentence imposed following a guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Henry contends the district court improperly denied her request for a downward departure based upon a combination of factors, including her addiction to alcohol and gambling, her minimal criminal history, and that the offense constituted aberrant behavior. We dismiss the appeal for lack of jurisdiction. 3 As long as the sentencing court is aware of its authority to depart…