IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30675
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICIA MAY SANDERS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 95-CR-30008
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March 1, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Appellant Sanders contends that the district court erred by
denying the Government's U.S.S.G. § 5K1.1 motion for downward
departure in sentencing her. She argues that her delay in
providing financial information to the probation office is not a
proper ground for the ruling. Sanders asserts that the district
court denied due process to her by not giving adequate reasons
for denying the motion.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-30675
-2-
This court lacks jurisdiction of an appeal from "the
district court's refusal to grant downward departure [unless
there was] a legal error or misapplication of the guidelines."
United States v. DiMarco, 46 F.3d 476, 477 (5th Cir. 1995).
Sanders's contention that the district court denied her due
process by not stating adequate reasons for the ruling is
frivolous.
Assuming arguendo that the district court should not have
considered Sanders's delay in providing the information, she is
not entitled to relief because the court would have denied the
departure even if it had not considered this factor. See
Williams v. United States, 503 U.S. 193, 203-03 (1992)
APPEAL DISMISSED.