United States v. Sheri Lynn Leppert

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sheri Lynn LEPPERT, Defendant-Appellant. No. 96-30008. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Sheri Lynn Leppert appeals the sentence imposed following her guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841 (a). Leppert contends that the district court failed to recognize it could exercise its discretion to depart downward for her extraordinarily abusive childhood, diminished capacity, aberrant conduct, sentencing entrapment, additional substantial assistance and the combination of these factors. We disagree. 3 A "district court's discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal." United States v. Ruelas, No. 95-10441, slip op. 13007 (9th Cir. Sept. 30, 1996).…