United States v. Woods ( 2003 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to lst Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 01-1445
UNITED STATES,
Appellee,
v.
LORENZO WOODS,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
Before
Boudin, Chief Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Cynthia A. Vincent on brief for appellant.
Margaret E. Curran, United States Attorney, and Donald C.
Lockhart, Assistant U.S. Attorney, on Motion for Summary Dismissal
for appellee.
January 31, 2003
Per Curiam. Appellant Lorenzo Woods appeals from the
sentence the district court imposed following his guilty plea
to three cocaine base offenses under 21 U.S.C. § 841(a)(1) and
§ 846 and 18 U.S.C. § 2. On appeal, he asserts that the
district court erroneously applied United States Sentencing
Guideline § 2D1.1 at sentencing. In addition, he claims that
the district court misunderstood its departure authority under
Guideline § 4A1.3 and thus failed to grant his motion for a
downward departure.
After careful review of the record, in particular the
sentencing transcript, we conclude that the court properly
applied the career offender guideline, § 4B1.1, at sentencing.
To that extent, we affirm the sentence. We also agree with the
United States that the district court denied the departure
motion in an exercise of its discretion and not based on any
misapprehension of authority. Thus, we may not review its
decision. See United States v. DeLeon, 187 F.3d 60, 69 (1st
Cir.), cert. denied, 528 U.S. 1030 (1999) ("It is well settled
that 'no appeal lies from a discretionary refusal to depart'
from the Sentencing Guidelines.") (citation omitted).
Affirmed.
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