United States v. Edward M. Bursiel

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward M. BURSIEL, Defendant-Appellant. No. 94-30310. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 4, 1995. Appeal from the United States District Court, for the Eastern District of Washington, D.C. No. CR-93-00305-FVS; Fred L. Van Sickle, District Judge, Presiding. Before: SNEED, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Edward M. Bursiel appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for manufacture and possession of unregistered explosive devices. He contends that the district court improperly denied his request for a downward departure based on the victim's conduct, and did not adequately consider Bursiel's aberrant behavior. We dismiss the appeal for lack of jurisdiction. 3 We have jurisdiction to review the district court's refusal to depart downward only…