United States of America, Plaintiff-appellee, v. Walter Lee Richardson, Defendant-appellant, 70 F.3d 121 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 70 F.3d 121 (9th Cir. 1995) Submitted Oct. 24, 1995. *Decided Nov. 3, 1995

Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges.

MEMORANDUM** 

Walter Lee Richardson appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to theft of government property, in violation of 18 U.S.C. § 641. He contends that the district court erred in denying his request for a downward departure pursuant to U.S.S.G. Sec. 5K2.0. "The record fails to suggest that the district court was under the impression that it could not depart downward if it chose to do so." United States v. Heim, 15 F.3d 830, 833 (9th Cir.), cert. denied, 115 S. Ct. 55 (1994). We lack jurisdiction to review the district court's discretionary refusal to depart downward. See id.

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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