United States v. Burley James Wolford

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Burley James WOLFORD, Defendant-Appellant. No. 95-30287. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided April 1, 1996. Before: GOODWIN, WIGGINS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Burley James Wolford appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for bankruptcy fraud. We have jurisdiction to review the district court's refusal to depart downward only if the court concluded that it did not possess the discretion to depart. United States v. Cantu, 12 F.3d 1506, 1510 (9th Cir.1993). 3 Wolford contends that the district court failed to recognize it could depart downward for a combination of factors which take his case out of the heartland of guideline cases based on his extraordinary family ties, extraordinary employment history and extraordinary emotional condition.…