Hill
United States v. Hill
Opinion
Lead Opinion
MEMORANDUM **
Federal prisoner Lavazia Jerome Hill appeals Ms conviction and sentence following Ms guilty plea to bemg a felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
Hill argues that the district court erred by refusmg to grant a discretionary downward departure under U.S.S.G. § 5K2.12 for imperfect duress. Because the district court did not mdicate any belief that a departure was precluded as a matter of *210 law, but instead found that there was an insufficient basis for the requested departure, the district court’s decision is not subject to review on appeal. See United States v. Lopez-Garcia, 316 F.3d 967, 973 (9th Cir.2003) (noting that the district court’s statement, made after a “full airing of the issues,” that the threats did not justify the defendant’s actions, reflected the court’s “consideration of the reasonableness of [defendant’s] actions in light of her belief that she was compelled to act as she did, as required by section 5K2.12”). Moreover, the district court’s finding regarding the lack of credibility of the evidence supporting Hill’s claim of…