IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41429
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KISHA ESPARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(98-CR-1-2)
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July 28, 1999
Before HIGGINBOTHAM, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Kisha Esparza appeals the sentence imposed
pursuant to her guilty-plea conviction for possession with intent
to distribute marijuana. Review of the entire sentencing
transcript shows that the district court exercised its discretion
in refusing to grant a downward departure and did not harbor the
mistaken belief that it had no authority to depart. As such, we
lack jurisdiction to review the appeal. See United States v.
DiMarco, 46 F.3d 476, 477-78 (5th Cir. 1995).
APPEAL DISMISSED.
*
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that this opinion should not be published and is not precedent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.