IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41268
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RODNEY LYDELL PHILLIPS, also known as Ice
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CR-16-1
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September 6, 2001
Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Rodney Lydell Phillips appeals from his guilty-plea
conviction and sentence for conspiracy to possess with intent to
distribute crack cocaine, in violation of 21 U.S.C. §§ 846 and
841(a).
Phillips argues that the district court erred in refusing to
grant him a downward departure, pursuant to U.S.S.G. § 5K2.0 and
18 U.S.C. § 3553(b), based on his having provided substantial
assistance to authorities and on the danger in which he was being
*
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that this opinion should not be published and is not precedent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. 00-41268
-2-
placed as a result of having divulged such information. He also
cited his status as a married father and his limited criminal
history as reasons for departure. This court has jurisdiction to
review a district court’s decision not to depart downward from
the applicable guideline range only if the district court based
its decision upon an erroneous belief that it lacked the
authority to depart. United States v. Palmer, 122 F.3d 215, 222
(5th Cir. 1999); United States v. Valencia-Gonzales, 172 F.3d
344, 346 (5th Cir.), cert. denied, 528 U.S. 894 (1999). Contrary
to Phillips’ assertion, there is no indication in Phillips’
sentencing transcript that the district court’s refusal to depart
was based on anything other than the facts of the case.
Accordingly, the issue is not reviewable. See Palmer, 122 F.3d
at 222.
AFFIRMED.