UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4152
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JODY SCOTT CALLOWAY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Lacy H. Thornburg,
District Judge. (CR-00-160)
Submitted: December 18, 2003 Decided: January 15, 2004
Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles L. Morgan, Jr., Charlotte, North Carolina, for Appellant.
Robert J. Conrad, Jr., United States Attorney, Kenneth M. Smith,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jody Scott Calloway pled guilty to bank larceny, 18
U.S.C. §§ 2113(c), 2 (2000), and money laundering, 18 U.S.C.A.
§§ 1956(h), 2 (West 2000 & Supp. 2003). The district court imposed
a sentence of seventy-eight months. Calloway appeals the sentence,
arguing that the district court abused its discretion when it
refused to depart below the guideline range pursuant to U.S.
Sentencing Guidelines Manual § 5K2.0, p.s. (2002). We dismiss.
At sentencing, Calloway proffered a variety of factors
that he believed warranted a downward departure. The district
court decided not to depart. In this circumstance, we lack
jurisdiction to review the district court’s decision unless it
resulted from a mistaken belief that the court lacked the authority
to depart. United States v. Matthews, 209 F.3d 338, 352-53 (4th
Cir. 2000); United States v. Bayerle, 898 F.2d 28, 30 (4th Cir.
1990). There is no indication here that the court failed to
recognize its authority to depart.
We therefore dismiss the appeal for lack of jurisdiction.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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