Case: 11-30280 Document: 00511668885 Page: 1 Date Filed: 11/17/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 17, 2011
No. 11-30280
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN OWENS,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:10-CR-238-1
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Having pleaded guilty to mail fraud, Juan Owens appeals his 14-month
sentence. Owens argues that the district court erroneously assumed that the
Sentencing Guidelines in his case did not authorize a split sentence consisting
of part imprisonment and part probation or supervised release with home
confinement. He urges that his within-guidelines sentence must be vacated
because the sentencing court committed a procedural error by incorrectly
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-30280 Document: 00511668885 Page: 2 Date Filed: 11/17/2011
No. 11-30280
concluding that granting his request for a split sentence would constitute a
downward departure.
Our authority to review sentences is limited by 18 U.S.C. § 3742, and we
lack jurisdiction to review a discretionary decision not to impose a split sentence.
United States v. Garcia-Ortiz, 310 F.3d 792, 793 (5th Cir 2002). As the record
in this case shows that the sentencing court was aware that it had the discretion
to impose a split sentence, but declined to do so, we lack statutory jurisdiction
under § 3742. Accordingly, the appeal is DISMISSED. See Christianson v. Colt
Indus. Operating Corp., 486 U.S. 800, 818 (1988).
2