United States of America v. Daniel Lee Gibson, a/k/a Danny Lee Gibson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 99-4499
DANIEL LEE GIBSON, a/k/a Danny
Lee Gibson,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of West Virginia, at Huntington.
Robert C. Chambers, District Judge.
(CR-98-183-1)
Submitted: May 25, 2000
Decided: July 27, 2000
Before WILLIAMS, MICHAEL, and KING,* Circuit Judges.
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Dismissed by unpublished per curiam opinion.
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COUNSEL
Shawn D. Bayliss, BAYLISS FAMILY LAW CENTER, Hurricane,
West Virginia, for Appellant. Rebecca A. Betts, United States Attor-
ney, Ray M. Shepard, Assistant United States Attorney, Charleston,
West Virginia, for Appellee.
_________________________________________________________________
*Judge King did not participate in consideration of this case. The opin-
ion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Daniel Lee Gibson pled guilty to an information charging him with
conspiracy to distribute and possess cocaine and cocaine base (crack)
with intent to distribute in violation of 21 U.S.C.§ 846 (1994). On the
government's motion for a downward departure pursuant to U.S. Sen-
tencing Guidelines Manual § 5K1.1, p.s. (1998), the district court
departed from offense level 35 to offense level 31. Because Gibson
was in criminal history category VI, the new guideline range was 188-
235 months. Gibson requested a further departure based principally
on his poor health,* see USSG § 5H1.4, p.s., his family responsibili-
ties, see USSG § 5H1.6, p.s., and the totality of the circumstances
(i.e., his abusive childhood, his wife's poor health, his efforts at drug
rehabilitation, his alleged susceptibility to abuse in prison, and the
lengthy sentence), see USSG § 5K2.0, p.s. The district court found
that Gibson had not identified any exceptional circumstances that
would warrant a further departure, and imposed a sentence of 188
months. Gibson appeals, contending that the district court mistakenly
believed that it lacked authority to depart. We find that the district
court understood its authority to depart and exercised its discretion in
deciding not to depart.
We therefore dismiss the appeal for lack of jurisdiction. See United
States v. Edwards, 188 F.3d 230, 238 (4th Cir. 1999), cert. denied,
___ U.S. __, 68 U.S.L.W. 3460 (U.S. Jan. 18, 2000) (No. 99-7451);
United States v. Brock, 108 F.3d 31, 33 (4th Cir. 1997). We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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*Both Gibson and his wife are HIV positive.
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