United States v. Amador ( 2000 )

No. 99-40635
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40635
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO AMADOR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-490-ALL
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Arturo Amador appeals his guilty-plea conviction for
possession with intent to distribute heroin. He argues that the
district court erred in denying his request for a downward
departure on the basis that his criminal history category
overrepresented the seriousness of his past criminal conduct.
This court has jurisdiction to review the district court’s
refusal to depart downward because the court mistakenly believed
that it was bound to follow the guidelines and that the
guidelines did not permit a downward departure in this
circumstance. United States v. Harrison, 918 F.2d 30, 31 (5th
*
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this opinion should not be published and is not precedent except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. 99-40635
-2-
Cir. 1990).
Nevertheless, this court must affirm the district court’s
refusal to depart downward because Amador failed to state in the
district court and on appeal what portion of his criminal history
was overrepresented. The judgment of the district court is
AFFIRMED.