United States of America, Plaintiff-appellee, v. Enrique Gutierrez, Defendant-appellant, 988 F.2d 123 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 988 F.2d 123 (9th Cir. 1993) Submitted March 5, 1993. *Decided March 9, 1993

Appeal from the United States District Court for the Southern District of California; No. CR-91-593-02-JSR, John S. Rhoades, District Judge, Presiding.

S.D. Cal.


Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges:


United States v. Floyd, 945 F.2d 1096, 1102 (9th Cir. 1991), amended, 956 F.2d 203 (9th Cir. 1992), permits downward departures for youthful lack of guidance and education, but it doesn't require them. The district court chose not to depart downward, SECR 9, and this decision isn't appealable, United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (9th Cir. 1990).



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