United States v. David Allen Lasene

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Allen LASENE, Defendant-Appellant. No. 96-30032. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 David Allen Lasene appeals his 63-month sentence imposed following a guilty plea to attempted bank robbery in violation of 18 U.S.C. § 2113 (a). Lasene contends that the district court erred by refusing to grant a two-level downward departure under U.S.S.G. § 5K2.0, or a downward adjustment under U.S.S.G. § 2X1.1(b)(1). We have jurisdiction under 18 U.S.C. § 3742 (a), 28 U.S.C. § 1291 , and affirm. 3 The district court's discretionary refusal to depart downward is not reviewable on appeal. United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 506 U.S. 882 (1992). 4 Lasene contends that the district…