Dickman

United States v. Dickman

Good Law
32 F. App'x 438
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-50122; D.C. No. CR-99-03602-TJWCalifornia283 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Craig Dickman appeals his guilty plea conviction and 108-month sentence imposed for six counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Dickman contends the district court erred in dismissing his pretrial motions to suppress evidence. Because Dickman entered a valid unconditional guilty plea, he waived the right to raise the denial of his *439 motion to suppress on appeal. See United States v. Floyd, 108 F.3d 202, 204 (9th Cir.1997) (holding that an unconditional guilty plea constitutes a waiver of the right to appeal all non-jurisdictional antecedent rulings and cures all antecedent constitutional defects).

Second, Dickman contends the district court erred by declining to grant downward departure for aberrant behavior. A district court’s discretionary refusal to depart from a prescribed sentencing guideline range is unreviewable on appeal unless the district court rested its decision on an erroneous belief that it lacked the authority to do so. United States v. Morales, 898 F.2d 99, 101-02 (9th Cir.1990). Because the district court properly exercised its discretion, we lack…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.