United States of America, Plaintiff-appellee, v. Edward Allen Heath, Defendant-appellant, 46 F.3d 1147 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 46 F.3d 1147 (9th Cir. 1995) Submitted: Jan. 25, 1995. *Decided: Jan. 31, 1995

Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges.

MEMORANDUM** 

Edward Allen Heath appeals his sentence under the Sentencing Guidelines imposed following his conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). He contends that the district court improperly denied his request for a downward departure on account of his tragic family background. We lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Garcia-Garcia, 927 F.3d 489, 491 (9th Cir. 1991).

DISMISSED.

 *

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

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