United States of America, Plaintiff-appellee, v. Michael Cottingham, Defendant-appellant, 82 F.3d 423 (9th Cir. 1996)

MEMORANDUM^** 

Michael Cottingham appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for distribution of cocaine base. Cottingham contends that the district court failed to recognize it could exercise its discretion to depart downward on the ground that his deformed left arm creates an extraordinary physical impairment. We disagree.

It is apparent from the record that the sentencing court was aware of its authority to depart on the permissible grounds offered by Cottingham, and declined to do so. Absent some indication that the district court believed it lacked authority to depart, this court may not review the district court's discretionary refusal to depart downward. See United States v. Pinto, 48 F.3d 384, 389 (9th Cir.), cert. denied, 116 S. Ct. 125 (1995); United States v. Riggins, 40 F.3d 1055, 1058 (9th Cir. 1994).

DISMISSED.