United States v. Edward Earl Wright ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 96-3585
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Edward Earl Wright, also known * Eastern District of Missouri.
as James Hill, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 4, 1997
Filed: February 14, 1997
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Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.
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PER CURIAM.
Edward Earl Wright appeals the sentence imposed by the
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district court after he pleaded guilty to conspiring to distribute
cocaine base and distributing more than 50 grams of cocaine base,
in violation of 21 U.S.C. §§ 841(a)(1) and 846. We affirm.
Wright’s presentence report indicated a Guidelines sentencing
range of 360 months to life, noting that a 120-month mandatory-
minimum penalty was applicable. At sentencing, the government
moved for a downward departure under U.S. Sentencing Guidelines
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The Honorable Carol E. Jackson, United States District Judge
for the Eastern District of Missouri.
Manual § 5K1.1, p.s. (1995). The district court departed and
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sentenced Wright to 180 months imprisonment and five years
supervised release, stating the mandatory minimum was not a severe
enough penalty given Wright's criminal history and the nature of
the offense.
On appeal, Wright contends the court erred in not departing
further and not imposing the mandatory minimum. We may not review
the extent of the court’s downward departure, however, regardless
of its reasons for not departing further. See United States v.
Dutcher, 8 F.3d 11, 12 (8th Cir. 1993).
Accordingly, the judgment is affirmed.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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