United States v. Berges Romero , 40 F. App'x 662 ( 2002 )

Opinions of the United
2002 Decisions States Court of Appeals
for the Third Circuit
7-3-2002
USA v. Berges Romero
Precedential or Non-Precedential: Non-Precedential
Docket No. 01-4367
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Recommended Citation
"USA v. Berges Romero" (2002). 2002 Decisions. Paper 374.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 01-4367
UNITED STATES OF AMERICA
v.
LUIS EDUARDO BERGES ROMERO,
a/k/a LOUIE,
Appellant
On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. Crim. Action No. 01-cr-00053)
District Judge: Honorable Franklin S. VanAntwerpen
Submitted Pursuant to Third Circuit LAR 34.1(a)
June 28, 2002
BEFORE: AMBRO, STAPLETON and CUDAHY,* Circuit Judges
(Opinion Filed July 3, 2002)
______________________________________________________________________
__
* Honorable Richard D. Cudahy, United States Circuit Judge for the Seventh Circuit,
sitting by designation.
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Appellant Luis Eduardo Berges Romero pled guilty to conspiracy to
distribute 50 grams of crack and distribution of more than 5 grams of crack. Prior to
sentencing, the government filed a 5K1.1 motion based on his cooperation. The
District Court determined that Berges Romero’s mandatory minimum penalty was 120
months, and that his sentencing guidelines range was 121 to 151 months. The District
Court departed downward and imposed a sentence of 108 months of imprisonment, ten
years of supervised release, and a special assessment of $200.
The sole issue raised in this appeal is whether the District Court erred "in
failing to give [Berges Romero] sufficient credit for his cooperation." Appellant’s Br. at
3. We are without jurisdiction to review the extent of a downward departure granted by
the District Court. United States v. Khalil, 132 F.3d 897 (3d Cir. 1997).
This appeal will be dismissed for want of jurisdiction.
TO THE CLERK:
Please file the foregoing Not Precedential Opinion.
/s/ Walter K. Stapleton
Circuit Judg