United States v. Booze

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 17, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10940
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENT LAMARR BOOZE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CR-121-ALL-A
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Before JOLLY, WIENER, and PICKERING, Circuit Judges.
PER CURIAM:*
Kent Lamarr Booze pleaded guilty to a one-count information
that charged him with aiding and abetting the false
representation of a Social Security number. Based on Booze’s
cooperation, the Government filed a motion for downward departure
pursuant to U.S.S.G. § 5K1.1. The district court denied that
motion.

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No. 03-10940
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Booze appeals the district court’s refusal to grant the
Government’s § 5K1.1 motion for downward departure. We lack
jurisdiction over the denial of a downward departure unless
the district court mistakenly believed it lacked the authority
to depart. United States v. Yanez-Huerta, 207 F.3d 746, 748
(5th Cir. 2000). The court in this case properly understood the
scope of its authority but declined to exercise its discretion to
depart. We therefore lack jurisdiction to review its decision.
The Government’s motion seeking leave to forego filing a brief in
this case and its motion for dismissal of this appeal are
GRANTED. See United States v. Landerman, 167 F.3d 895, 899-900
(5th Cir. 1999).
APPEAL DISMISSED.

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