United States v. Michael Termel Carter

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Termel CARTER, Defendant-Appellant. No. 94-50637. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 22, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Michael Termel Carter appeals his sentence of 125 months imposed following a guilty plea to armed bank robbery in violation of 18 U.S.C. Secs. 2113 (a) and (d). Carter contends that the district court erred by denying a downward departure based on the government's pre-arraignment delay. Carter also argues that the district court relied on erroneous facts in its denial of a downward departure for overrepresentation of criminal history. We affirm. 3 We lack jurisdiction to review a district court's denial of a downward departure if it was discretionary and did not rest upon the court's belief that it lacked legal authority to depart. See…