Opinions of the United
2003 Decisions States Court of Appeals
for the Third Circuit
9-9-2003
USA v. Morrow
Precedential or Non-Precedential: Non-Precedential
Docket No. 02-3980
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"USA v. Morrow" (2003). 2003 Decisions. Paper 283.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-3980
UNITED STATES OF AMERICA
v.
TROY J. MORROW,
Appellant
Appeal from the United States District Court
for the District of New Jersey
(D.C. Criminal Action No. 01-cr-00456)
District Judge: Honorable Stephen M. Orlofsky
Submitted Under Third Circuit LAR 34.1(a)
July 31, 2003
Before: SCIRICA, Chief Judge, RENDELL and AMBRO, Circuit Judges
(Opinion filed : September 9, 2003)
OPINION
AMBRO, Circuit Judge
Troy J. Morrow appeals his sentence, imposed in connection with a February 13, 2001,
bank robbery in Parsippany, New Jersey. Because we lack jurisdiction, we dismiss this appeal.
I. Facts and Procedural History
On July 11, 2001, a federal grand jury returned a four-count indictment against Morrow,
charging him with two counts of bank robbery and two counts of knowingly jeopardizing the life
of a bank teller during a bank robbery by using a dangerous weapon, both violations of 18 U.S.C.
§ 2113. Morrow was indicted in connection with two bank robberies, one occurring on February
1, 2001, at the First Union Bank located in Manalapan, New Jersey, and one occurring on
February 13, 2001, at the First Union Bank located in Parsippany, New Jersey. Pursuant to a plea
agreement, Morrow pleaded guilty to one count of bank robbery and one count of jeopardizing
the life of a bank teller, both counts in connection with the February 1 robbery.
The United States Probation Office issued a revised Presentence Report for Morrow on
June 10, 2002, determining that his total offense level was 31 and that his criminal history
category was VI. This corresponded to a guideline range of 188 to 235 months of imprisonment.
Morrow filed a downward departure motion under U.S.S.G. § 5K2.0, arguing first that he
suffered mental and physical abuse as a teenager that resulted in unusual emotional problems,
second that he cooperated with law enforcement authorities from the moment of his arrest, and
finally that he accepted full responsibility for his actions.
The District Court accepted the guidelines range proposed by the Probation Office, and
denied Morrow’s request for a downward departure, stating that, “while I acknowledge that I
have the authority to depart downwardly under the Sentencing Guidelines, for the reasons I shall
now place on the record, I decline to do so in this case.” It imposed a sentence of 188 months of
imprisonment, five years of supervised release, and $6,082 in restitution. This appeal followed.
II. Discussion
Morrow’s sole argument on appeal is that the “district court abused its discretion by
refusing to depart downward in its sentencing.” We may consider a District Court’s ruling on a
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sentencing departure motion only when the ruling is “based on the district court’s belief that a
departure was legally impermissible.” United States v. Stevens, 223 F.3d 239, 247 (3d Cir.
2000). We have no jurisdiction to “hear a challenge to the merits of a sentencing court’s
discretionary decision not to depart downward from the Guidelines.” United States v.
Georgiadis, 933 F.2d 1219, 1222 (3d Cir. 1991). Here, the District Court acknowledged that it
had discretion to depart downward, but declined to do so. Accordingly, we lack jurisdiction to
consider this argument.
Because we lack jurisdiction to consider Morrow’s challenge to the District Court’s
exercise of discretion, we dismiss his appeal.
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TO THE CLERK:
Please file the foregoing Opinion.
By the Court,
/s/ Thomas L. Ambro
Circuit Judge
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