United States v. Nahum McCombs

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nahum McCOMBS, Defendant-Appellant. No. 94-50531. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Nov. 20, 1995. Before: FARRIS, BRUNETTI, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Nahum McCombs appeals his sentence following his conviction for armed bank robbery and use of a firearm during a crime of violence in violation of 18 U.S.C. Secs. 2113 (a), (d), and 924(c). He challenges the district court's decision not to depart downward from the Sentencing Guidelines based on the abuse he suffered as a child. We have jurisdiction to determine whether the factual basis of that decision was clearly erroneous. 18 U.S.C. Sec. 3742 ; United States v. Roe, 976 F.2d 1216 , 1218 and n. 1 (9th Cir.1992). We affirm. 3 The record reveals a great deal of suffering in McCombs' childhood, especially at the hands of his father, who physically…