[T][U] United States v. Thomas

MEMORANDUM* Michael David Thomas appeals the 63-month sentence imposed following his entry of guilty pleas to two counts of armed bank robbery in violation of 18 U.S.C. § 2113(a), (d). Thomas contends the district court erroneously concluded that it lacked discretion to depart downward from the applicable Sentencing Guidelines sentencing range based upon Thomas' alleged aberrant behavior, extraordinary acceptance of responsibility, and/or the totality of the circumstances involved in the offense conduct. We dismiss the appeal. A district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Robinson, 958 F.2d 268, 272 (9th Cir. 1992).