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U.S. v. MOSS

No. 91-10619.

972 F.2d 273 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Edward John MOSS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1992.

Attorney(s) appearing for the Case

Julian A. Cook, III, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Franny A. Forsman, Asst. Federal Public Defender, Las Vegas, Nev., for defendant-appellant.

Before TANG, BEEZER and KOZINSKI, Circuit Judges.

PER CURIAM:

Edward Moss appeals his sentence under the United States Sentencing Guidelines ("Guidelines"), following a guilty plea, for escape in violation of 18 U.S.C. § 751(a). Moss contends that the district court erred by ordering his sentence to run consecutively to the pre-Guidelines sentence he was serving when he escaped. We dismiss the appeal.

A district court's discretionary refusal not to depart downward is not reviewable on appeal. United...

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