United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2003
Charles R. Fulbruge III
Clerk
No. 02-41096
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIA DELOURDES SOUTHERLAND,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-591-2
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Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Maria De Lourdes Southerland (Southerland) appeals the 31-
month sentence she received following her guilty-plea conviction
for possession of more than 500 grams of cocaine with intent to
distribute. She asserts that the district court erred in
assessing a two-level enhancement under U.S.S.G. § 3B1.1(c) based
upon her role in the offense. She has not established that the
district court clearly erred in imposing the enhancement. See
*
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that this opinion should not be published and is not precedent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. 02-41096
-2-
United States v. Posada-Rios, 158 F.3d 832, 878 (5th Cir. 1998).
This portion of the judgment is AFFIRMED.
Southerland also contends that the district court erred in
denying her motion for a downward departure based upon aberrant
behavior. Because Southerland was convicted of a “serious drug
trafficking offense,” she was not entitled to such a departure.
See U.S.S.G. § 5K2.20 & comment. (n.1). The district court
therefore was not mistaken in its belief that it lacked authority
to depart. See United States v. DiMarco, 46 F.3d 476, 477 (5th
Cir. 1995). Because this court lacks jurisdiction to review the
district court’s refusal to depart downward, this portion of the
appeal is DISMISSED.
AFFIRMED IN PART; DISMISSED IN PART.