United States of America, Plaintiff-appellee, v. Lavon Thomas Laurine, Aka Michael Anthony Elliott,defendant-appellant, 73 F.3d 371 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 73 F.3d 371 (9th Cir. 1995)

Submitted Dec. 19, 1995. *Decided Dec. 27, 1995


Before: SNEED, TROTT and HAWKINS, Circuit Judges.


MEMORANDUM** 

Lavon Thomas Laurine appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to possession with intent to distribute cocaine base and cocaine. He contends that he was entitled to a downward departure based on extraordinary childhood abuse. "The record fails to suggest that the district court was under the impression that it could not depart downward if it chose to do so." United States v. Heim, 15 F.3d 830, 833 (9th Cir.), cert. denied, 115 S. Ct. 95 (1994). We lack jurisdiction to review the district court's discretionary refusal to depart downward. See id.

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