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