IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20515
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CALVIN ALEXANDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-29-ALL
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February 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Calvin Alexander argues that the district court abused its
discretion in concluding that it lacked the authority to depart
downward in imposing his sentence.
We have reviewed the record, including the briefs of the
parties, and find that we do not have jurisdiction to review the
district court’s denial of Alexander’s motion to depart downward
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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. 98-20515
-2-
at sentencing. The district court denied the motion based on its
determination that a departure is not warranted under the facts
of the case. Its decision was not based on the mistaken belief
that it did not have the authority to depart downward.
Therefore, the district court’s decision is not subject to
review. See United States v. Palmer, 122 F.3d 215, 222 (5th Cir.
1997). The appeal is DISMISSED for lack of jurisdiction. See
United States v. DiMarco, 46 F.3d 476, 478 (5th Cir. 1995).
APPEAL DISMISSED.