United States v. Karen D. Thompson

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Karen D. THOMPSON, Defendant-Appellant. No. 95-50321. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided July 24, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 Karen Deanna Thompson appeals her sentence under the Sentencing Guidelines which was imposed following her conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(I). We lack jurisdiction to review the district court's decision not to depart downward, and we dismiss. 4 "[A] district court's discretionary decision not to depart downward from the guidelines is not subject to review on appeal." United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990); see also United States v. Staufer, 38 F.3d 1103, 1108 (9th Cir.1994). "An exception to this rule exists when the district court…