United States v. Elmore Brady, Jr.

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Elmore BRADY, Jr., Defendant-Appellant. No. 94-30379. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Elmore Brady, Jr. appeals his 120-month sentence imposed following a conviction by jury trial for assault resulting in serious bodily injury, in violation of 18 U.S.C. Secs. 113 (f), 1153 (1994). Brady contends that the district court erred by failing to address the propriety of a downward departure. We deny the government's motion to file its brief late. We dismiss for lack of jurisdiction. 3 If the sentencing court is aware of its authority to depart downward, we lack 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. denied,…