United States v. James Earl Smith

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Earl SMITH, Defendant-Appellant. No. 96-50028. United States Court of Appeals, Ninth Circuit. Submitted Oct. 18, 1996. * Decided Nov. 20, 1996. Before: CHOY, SNEED, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** Overview 2 James Earl Smith appeals his sentence under the Sentencing Guidelines for his guilty plea conviction for unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). Smith contends that the district court erred in refusing to depart downward for extraordinary acceptance of responsibility. Because we lack jurisdiction to review that discretionary determination of the district court, we dismiss the appeal. Factual and Procedural Background 3 Smith and four accomplices robbed a bank in Upland, California on April 15, 1993. On June 11, 1993, Smith and his four codefendants pleaded guilty to one count of unarmed bank robbery pursuant to…