United States of America, Plaintiff-appellee, v. Robert James Thomas, Defendant-appellant, 116 F.3d 487 (9th Cir. 1997)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 116 F.3d 487 (9th Cir. 1997) Submitted June 17, 1997. **Decided June 20, 1997

Appeal from the United States District Court for the District of Hawaii, No. CR-95-00822-DAE; David A. Ezra, District Judge, Presiding.

Before: GOODWIN, SCHROEDER, and TASHIMA, Circuit Judges.

MEMORANDUM* 

Robert James Thomas appeals his guilty plea conviction and sentence for bank robbery, in violation of 18 U.S.C. § 2113. Thomas contends that the district court erred by denying his motion for a downward departure based upon his diminished capacity at the time of his offense and on the basis that his criminal history category overrepresented the seriousness of his past misdemeanor convictions. We lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Heim, 15 F.3d 830, 833 (9th Cir.), cert. denied, 115 S. Ct. 55 (1994).

DISMISSED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.