United States v. Christopher Tyrone Mack

Case: 12-13379 Date Filed: 03/07/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13379 Non-Argument Calendar ________________________ D.C. Docket No. 1:11-cr-00019-SPM-GRJ-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHRISTOPHER TYRONE MACK, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (March 7, 2013) Before WILSON, ANDERSON and EDMONDSON, Circuit Judges. PER CURIAM: Case: 12-13379 Date Filed: 03/07/2013 Page: 2 of 2 Stressing his diminished capacity, Christopher Tyrone Mack appeals his total 322-month sentence, imposed after he pleaded guilty to possession with intent to distribute narcotics and possession of a firearm in furtherance of drug trafficking. We lack jurisdiction to review the district court’s refusal to grant a downward departure: nothing in the record indicates that the district court incorrectly believed that it lacked to authority to depart downwardly. For background, see United States v. Dudley, 463 F.3d 1221 (11th Cir. 2006). AFFIRMED. 2