United States of America Plaintiff-appellee, v. David Howard Aguino, Jr., Defendant-appellant, 50 F.3d 16 (9th Cir. 1995)

MEMORANDUM^** 

David Howard Aguino, Jr. appeals his sentence imposed following his conviction for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. §§ 1153, 113(c). The district court sentenced Aguino to 41 months of confinement and 36 months of supervised release following his confinement. Aguino contends that the district court erred in refusing to grant his request for a downward departure in his sentence under United States Sentencing Guidelines ("Sentencing Guidelines") Sec. 5K2.10. This court lacks jurisdiction to review the district court's discretionary decision not to grant a downward departure from the Sentencing Guidelines. United States v. Burnett, 16 F.3d 358, 361 (9th Cir. 1994). Because the record is clear that the district court understood that it had the discretion to depart downward, Aguino's appeal is DISMISSED.