United States v. Lewis ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40190
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC DIONEL LEWIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-103-1
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November 6, 1998
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Eric Dionel Lewis appeals his guilty-plea conviction and
sentence for possession with intent to distribute cocaine base in
violation of 21 U.S.C. § 841(a)(1). Lewis argues that the
district court erroneously believed that it lacked the authority
to grant a downward departure based on sentencing entrapment and
that the district court did not consider the appropriate factors
in determining whether his case was atypical. The district court
considered Lewis’ argument that he was predisposed to sell only
small amounts of cocaine and that he would not have sold a large
*
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that this opinion should not be published and is not precedent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. 98-40190
-2-
amount of cocaine if the Government’s confidential informant had
not repeatedly requested it and offered him money and other
assistance. The district court determined that Lewis had not
demonstrated facts which warranted a downward departure based on
sentencing entrapment. Because the district court did not deny
the downward departure based on an erroneous assumption that it
lacked the authority to depart downward based on sentencing
entrapment, the district court’s denial of Lewis’ motion for a
downward departure is unreviewable. See United States v.
Burleson, 22 F.3d 93, 95 (5th Cir. 1994). Accordingly, Lewis’
appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.