United States v. Forlander

* 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that this opinion should not be published and is not precedent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
October 6, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30480
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM THOMAS FORLANDER, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CR-60045-1
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Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
William Thomas Forlander, Jr., appeals from his sentence
for possession of child pornography in violation of 18 U.S.C.
§ 2252A(a)(5)(B). Forlander argues that the district court mis-
understood the scope of its authority to depart downward on the
ground of aberrant behavior pursuant to U.S.S.G. § 5K2.20.

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-2-
The record reveals that the district court knew that it
had discretion to decide whether to depart downward on the basis of
aberrant behavior. The transcript of the sentencing hearing
evidences the district court’s awareness of the language of
§ 5K2.20 and its commentary. This court does not have jurisdiction
to review the district court’s decision to decline to grant a
downward departure. See United States v. Buck, 324 F.3d 786, 798
(5th Cir. 2003).
DISMISSED.

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