IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50182
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BYRON DWAYNE HARRIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-97-CR-99-1
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December 10, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Byron Dwayne Harris challenges the sentence imposed
following his guilty-plea conviction for possession with the
intent to distribute crack cocaine, in violation of 21 U.S.C.
§ 841(a)(1). He contends that the district court erroneously
believed it did not have the discretion to depart downwardly
and/or to refuse to consider certain otherwise relevant
sentencing facts in order to effectuate the Sentencing
Commission’s stated goal of severely punishing mid- and high-
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-50182
-2-
level drug dealers rather than low-level drug dealers, such as
himself.
Harris has not shown that the district court believed a
downward departure was warranted but precluded by the guidelines.
His appeal does not present a reviewable issue. Accordingly, the
district court’s judgment is affirmed. See United States v.
Brace, 145 F.3d 247, 263 (5th Cir.)(en banc), cert. denied, 1998
WL 651586 (Nov. 2, 1998); see also United States v. McKinney, 53
F.3d 664, 677 (5th Cir. 1995).
AFFIRMED.