United States v. Brown

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10906
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM EARL BROWN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CR-187-1-R
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July 5, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
William Brown was convicted of making a false statement in
violation of 18 U.S.C. § 922(a)(6). He argues that the district
court erred in denying his motion for a downward departure because
of its mistaken belief that it was not authorized to do so.
We have jurisdiction to hear this appeal if the refusal to
depart was premised on a mistaken conclusion that the guidelines do
not permit such a departure, but we lack jurisdiction if the refus-
al was premised on a determination that a departure was not war-
ranted under the facts of the case. United States v. Brace, 145

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No. 00-10906
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F.3d 247, 263 (5th Cir. 1998) (en banc); United States v. DiMarco,
46 F.3d 476, 477-78 (5th Cir. 1995). Because the court did not
misapprehend its authority under the Sentencing Guidelines, we have
no jurisdiction to hear this appeal. United States v. Landerman,
167 F.3d 895, 899 (5th Cir. 1999). Accordingly, the appeal is
DISMISSED.

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