United States of America, Plaintiff-appellee, v. Shane Hayden Lichterman, Defendant-appellant, 46 F.3d 1147 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 46 F.3d 1147 (9th Cir. 1995) Submitted: Jan. 25, 1995. *Decided: Jan. 31, 1995

Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges.


MEMORANDUM** 

Shayne Hayden Lichterman appeals his sentence under the Sentencing Guidelines imposed following his conviction for armed bank robbery and use of a firearm during and in relation to a crime of violence. He contends that the district court improperly denied his request for a downward departure because his criminal history category overrepresented his criminal record. 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. 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

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