United States v. Philip Lee Irwin

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Philip Lee IRWIN, Defendant-Appellant. No. 95-50205. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 18, 1996. Before: GOODWIN, WIGGINS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Phillip Lee Irwin appeals his sentence following a guilty plea to armed bank robbery and use of a firearm during a crime of violence in violation of 18 U.S.C. §§ 2113 (d) and 924(c)(1). Irwin contends that the district court erred by not departing downward for exceptional acceptance of responsibility and voluntary disclosure of an offense under U.S.S.G. § 5K2.16. We dismiss for lack of jurisdiction. 3 The district court's discretionary refusal to depart downward from the Sentencing Guidelines is not reviewable on appeal, unless the trial court indicated that it did not have legal authority to depart under the guidelines.…