United States of America, Plaintiff-appellee, v. John Corwin Parker, Defendant-appellant, 46 F.3d 1148 (9th Cir. 1995)

MEMORANDUM^** 

John Corwin Parker appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113(a). Parker contends that the district court erred in refusing to depart downward based on extraordinary tragic circumstances, including childhood abuse and post-traumatic stress disorder resulting from Parker's combat service in Vietnam. The district court's refusal to depart was based on its finding that Parker's circumstances were not extraordinary. Nothing in the record suggests that the district court believed that it lacked the authority to depart for the reasos asserted by Parker. Rather, the district court's refusal to depart was based on its finding that the circumstances presented to the court were not, in fact, extraordinary. We lack jurisdiction to review such a discretionary decision not to depart. This appeal, accordingly, is

DISMISSED.