United States v. Andrew Lee Lowe

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andrew Lee LOWE, Defendant-Appellant. No. 95-10169. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1996. * Decided Jan. 24, 1996. 1 Before: ALDISERT, SCHROEDER, and TROTT, Circuit Judges ** . 2 MEMORANDUM *** 3 * We may review the district court's sentencing decision against departure because we agree with appellant that the record indicates that the district judge probably concluded on the basis of the facts of this case that he lacked legal authority to depart. However, this review does not help appellant because the district judge's conclusion was correct. 4 Appellant suggests authority to depart existed because of his post-arrest rehabilitation efforts, employment record, charitable works, family ties, and his innocent reason for illegally possessing a sawed-off shotgun. Post-arrest drug rehabilitation efforts do not provide a basis for…