United States of America, Plaintiff-appellee, v. Francisco Bernal, Defendant-appellant, 120 F.3d 269 (9th Cir. 1997)Annotate this Case
Submitted July 22, 1997. **Decided July 24, 1997
Before: HUG, Chief Judge, KOZINSKI and LEAVY, Circuit Judges.
Derek Gaines appeals his sentence imposed following his guilty plea to one count of conspiracy to possess with intent to distribute a substance containing cocaine base in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute a substance containing cocaine base in violation of 21 U.S.C. § 841(a) (1). Gaines asserts that the district court erred in denying his motion for downward departure. In his motion, Gaines argued that the district court should depart below the presumptively applicable guidelines range on the ground that his offense was an act of aberrant behavior. The district court denied the defendant's motion after finding that the defendant's conduct was not a single, spontaneous act.
We do not have jurisdiction to review the district court's discretionary decision not to depart from the Sentencing Guidelines. See United States v. Eaton, 31 F.3d 789, 792 (9th Cir. 1994). Accordingly, we dismiss this appeal.