IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2009
No. 08-40534
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
RANDALL LEE THOMPSON
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:06-CR-2-ALL
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
Randall Lee Thompson appeals his guilty plea conviction and sentence for
possession and distribution of pseudoephedrine. Thompson argues that the
district court erred by denying him a downward departure under U.S.
Sentencing Guidelines Manual (U.S.S.G.) § 5K2.12 or U.S.S.G. § 5K2.13 based
on diminished capacity or mental duress.
Thompson does not argue and the record does not indicate that the district
court believed that it was without authority to depart from the Guidelines.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40534
Because the district court did not misapprehend its authority, we lack
jurisdiction to review the court’s denial of a downward departure. See United
States v. Sam, 467 F.3d 857, 861 (5th Cir. 2006); United States v. Buck, 324 F.3d
786, 797-98 (5th Cir. 2003).
DISMISSED.
2