United States of America, Plaintiff-appellee, v. Ritchie John Coleman, Defendant-appellant, 48 F.3d 1229 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 48 F.3d 1229 (9th Cir. 1995) Argued and Submitted Feb. 7, 1995. Decided Feb. 23, 1995

Before: SKOPIL, HALL, and WIGGINS, Circuit Judges.


Ritchie Coleman appeals the district court's refusal to depart downward from the Sentencing Guidelines. There is no appellate jurisdiction, however, to review a district court's discretionary decision not to depart. United States v. Staufer, 38 F.3d 1103, 1108 (9th Cir. 1994). We do not agree with Coleman that this is a situation where the district court believed that it lacked discretion to depart. See United States v. Roe, 976 F.2d 1216, 1218 (9th Cir. 1992). The record clearly shows that the district court knew it possessed the authority to depart and that it concluded that the circumstances did not warrant departure.



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3