United States of America, Plaintiff-appellee, v. Robert James Thomas, Defendant-appellant, 116 F.3d 487 (9th Cir. 1997)
Annotate this CaseAppeal from the United States District Court for the District of Hawaii, No. CR-95-00822-DAE; David A. Ezra, District Judge, Presiding.
Before: GOODWIN, SCHROEDER, and TASHIMA, Circuit Judges.
MEMORANDUM*
Robert James Thomas appeals his guilty plea conviction and sentence for bank robbery, in violation of 18 U.S.C. § 2113. Thomas contends that the district court erred by denying his motion for a downward departure based upon his diminished capacity at the time of his offense and on the basis that his criminal history category overrepresented the seriousness of his past misdemeanor convictions. We lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Heim, 15 F.3d 830, 833 (9th Cir.), cert. denied, 115 S. Ct. 55 (1994).
DISMISSED.
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