United States v. Clyde A. Charles

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clyde A. CHARLES, Defendant-Appellant. No. 94-30252. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1995. * Decided April 18, 1995. Before: POOLE, BOOCHEVER, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Clyde A. Charles appeals his 100-month sentence imposed following remand from this Court for resentencing. Charles was originally sentenced to 115 months, following a jury trial for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). Charles contends that the district court erred by refusing to depart downward from the applicable Guidelines range based upon either his significantly reduced mental capacity to commit the offense or the atypical nature of the offense. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * A district court's discretionary decision to depart downward from the Guidelines is…