United States v. Derrick Mauri Breedlove, United States of America v. Charles Lamont Henry

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Derrick Mauri BREEDLOVE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Lamont HENRY, Defendant-Appellant. No. 95-50221, 95-50226. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** A. United States v. Breedlove, No. 95-50221 2 Derrick Mauri Breedlove appeals his 108-month sentence under the Sentencing Guidelines following his conviction for conspiracy to commit armed bank robbery and armed bank robbery in violation of 18 U.S.C. §§ 371 and 2113(a), (d). Breedlove contends that the district court abused its discretion by refusing to depart downward based upon over-representation of criminal history. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 "We have held that decisions to deny downward…