United States v. Edward Javier Silva, 985 F.2d 576 (9th Cir. 1993). · Go Syfert
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United States v. Edward Javier Silva, 985 F.2d 576 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“neither is the evidence admissible simply because it involves the character of a third party. rule 404 recognizes no such exception.”
52 citation events (15 in the last 25 years) across 7 distinct courts.
Strongest positive: Radiance Capital Receivables Eighteen, LLC v. Concannon (mowd, 2017-10-10) · Strongest negative: United States v. Evans Santos Diaz (ca3, 2023-04-26)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "but see" United States v. Evans Santos Diaz (2×) also: Cited as authority (rule)
3rd Cir. · 2023 · signal: but see · confidence high
Id.; but see United States v. Molina, 985 F.2d 576, 576 (9th Cir. 1993) (Table Op.) (no inherent authority to restrict appellant’s communication with victim of a crime during 18 incarceration but the BOP could treat the order as a recommendation).
discussed Cited as authority (quoted) Radiance Capital Receivables Eighteen, LLC v. Concannon
W.D. Mo. · 2017 · quote attribution · 1 verbatim quote · confidence low
neither is the evidence admissible simply because it involves the character of a third party. rule 404 recognizes no such exception.
discussed Cited as authority (quoted) United States v. Peshlakai (2×) also: Cited "see"
D.N.M. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
the guidelines clearly provide that psychological injuries alone qualify as a type of bodily injury under 2a3.1 (b)(4) (c).
discussed Cited "see" United States v. Randolph Valentino Kills in Water
8th Cir. · 2002 · signal: see · confidence high
See id. at 994 n. 1 (noting that “courts ha[ve] applied the serious bodily injury enhancement under U.S.S.G. § 2A3.1(b)(4) in rape cases where the victim suffered mental impairment and psychological trauma”) (citing United States v. Scott, 985 F.2d 576 (9th Cir.1993) (unpublished opinion) “(interpreting serious bodily injury to include psychological harm alone)”; United States v. Wallace, 976 F.2d 734 (6th Cir.1992) (unpublished opinion) (same)); United States v. Yankton, 986 F.2d 1225, 1229 (8th Cir.1993) (“[a]s defined in the. guidelines, serious bodily injury easily includes any …
discussed Cited "see" United States v. R. v. Kills in Water
8th Cir. · 2002 · signal: see · confidence high
See id. at 994 n.1 (noting that “courts ha[ve] applied the serious bodily injury enhancement under U.S.S.G. § 2A3.1(b)(4) in rape cases where the victim suffered mental impairment and psychological trauma”) (citing United States v. Scott, 985 F.2d 576 (9th Cir. 1993) (unpublished opinion) (interpreting serious bodily injury to include psychological harm alone)”; United States v. Wallace, 976 F.2d 734 (6th Cir. 1992) (unpublished opinion) (same)); United States v. Yankton, 986 F.2d 1225, 1229 (8th Cir. 1993) (‘[a]s defined in the 5 Defendant argues that the bite marks should not be con…
discussed Cited "see, e.g." United States v. Suna Felix Guy
8th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., United States v. Scott, 985 F.2d 576 , 1993 WL 12495, at **5-6 (9th Cir. Jan. 22, 1993) (unpublished opinion); United States v. Wallace, 976 F.2d 734 , 1992 WL 233908 , at **4-5 (6th Cir. June 19, 1992) (unpublished opinion).
discussed Cited "see, e.g." United States v. Suna Felix Guy
8th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., United States v. Scott, 985 F.2d 576 , 1993 WL 12495, at ** 5-6 (9th Cir. Jan.22, 1993) (unpublished opinion); United States v. Wallace, 976 F.2d 734 , 1992 WL 233908 , at ** 4-5 (6th Cir. June 19, 1992) (unpublished opinion).
Retrieving the full opinion text from the archive…
United States
v.
Edward Javier Silva
92-50426.
Court of Appeals for the Ninth Circuit.
Feb 5, 1993.
985 F.2d 576
Unpublished
2 passages pin-cited by 2 cases
Pinpoint authority: #40,253 of 633,719
Citer courts: W.D. Missouri (1) · D. New Mexico (1)

985 F.2d 576

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Edward Javier SILVA, Defendant-Appellant.

No. 92-50426.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 27, 1993[*]
Decided Feb. 5, 1993.

Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges.

1

MEMORANDUM[**]

2

Edward Javier Silva appeals his sentence under the Sentencing Guidelines following his guilty plea to three counts of unarmed bank robbery in violation of 18 U.S.C. § 2113(a). Silva contends that the district court erred by refusing to depart downward from the applicable sentencing range based on lack of youthful guidance. We dismiss the appeal.

3

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).

4

At Silva's sentencing hearing, the district court stated:

5

I do not find an adequate factual basis in this case to depart downward for lack of youthful guidance. And in any event the court would not exercise its discretion and it would refuse to depart downward for that reason.

6

The law in this circuit is clear that where, as here, the district court exercises its disretion when it declines to depart downward, we have no jurisdiction to review this decision. See id.; see also United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990).

7

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