IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31330
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD D. DUNCAN, also known as
PARKER JAMES, also known as Jim Parks,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-50032-02
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October 20, 1999
Before JONES, WIENER, and STEWART, Circuit Judges.
PER CURIAM:*
Richard D. Duncan appeals his sentence, which was imposed
after he entered a guilty plea to one count of mail fraud.
Duncan contends, as his sole issue on appeal, that the district
court erred by denying the Government’s motion for a downward
departure filed pursuant to U.S.S.G. § 5K1.1 because the district
court found that Duncan had provided substantial assistance.
We may review the district court’s refusal to grant a
downward departure from the Guidelines only if the refusal was
*
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that this opinion should not be published and is not precedent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. 98-31330
-2-
based on a violation of the law. United States v. Powers, 168
F.3d 741, 753 (5th Cir. 1999). Jurisdiction does not exist if
the district court's refusal to depart downward is based on a
determination that a departure is not warranted on the facts of
the case. United States v. Palmer, 122 F.3d 215, 222 (5th Cir.
1997). Notwithstanding Duncan’s assertions to the contrary, the
record shows that the district court refused to depart downward
based on the facts in the case. Accordingly, the district
court’s refusal to depart is not reviewable. The appeal is
dismissed for lack of jurisdiction.
APPEAL DISMISSED.