United States of America, Plaintiff-appellee, v. Jose Daniel Ramos, Defendant-appellant, 5 F.3d 543 (9th Cir. 1993)

Appeal from the United States District Court for the Central District of California; A. Wallace Tashima, District Judge, Presiding.

C.D. Cal.

AFFIRMED.

Before: NOONAN, FERNANDEZ and KLEINFELD, Circuit Judges

MEMORANDUM^** 

In this appeal from the sentence imposed upon his guilty plea to bank robbery, Jose Daniel Ramos claims that the district court erred in calculating his criminal history score and in declining to depart downward from the Guideline range. We affirm.

In computing a defendant's criminal history score, prior sentences imposed in unrelated cases are counted separately. U.S.S.G. Sec. 4A1.2(a) (2) (Nov. 1991). "Prior sentences are not considered related if they were for offenses that were separated by an intervening arrest (i.e., the defendant is arrested for the first offense prior to committing the second offense)." Id. Sec. 4A1.2, comment. (n. 3). Ramos's five juvenile sentences were for offenses that were separated by intervening arrests. Therefore, the sentences are unrelated and the district court properly counted them separately. Id.; see United States v. Bryant, 991 F.2d 171, 178 (5th Cir. 1993).¹ 

Ramos also contends that several circumstances warranted a downward departure from the Guideline range. The record indicates that the district court understood that it had authority to depart on the basis of the circumstances identified by Ramos, but exercised its discretion not to depart. We do "not have jurisdiction to review a district court's discretionary decision not to depart from the Sentencing Guidelines." United States v. Morales, 972 F.2d 1007, 1011 (9th Cir. 1992), cert. denied, --- U.S. ----, 113 S. Ct. 1665, 123 L. Ed. 2d 283 (1993).

AFFIRMED.