United States v. Wood

* 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opinion should not be published and is not precedent except under the limited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. 01-21240
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIMOTHY DALE WOOD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-419-ALL
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August 27, 2002
Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Timothy Dale Wood appeals from his conviction of making
a false statement on an application to purchase firearms. He
contends that the district court should have adjusted his offense
level pursuant to U.S.S.G. § 2X1.1(b)(1), which governs attempt
offenses, because he rescinded the underlying firearms transaction,
and that the district court erroneously determined that it lacked
authority to depart downward from the guideline sentencing range
because he rescinded the transaction.

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No. 01-21240
-2-
Wood’s false-statement offense was not an attempt
offense. See United States v. Guerrero, 234 F.3d 259, 262-63 (5th
Cir. 2000), cert. denied, 532 U.S. 1074 (2001). The attempt
guideline, U.S.S.G. § 2X1.1(b)(1), was inapplicable to his
sentence. The record indicated that the district court denied
Wood’s downward departure request on its merits, not because the
district court believed it lacked authority to depart. We lack
jurisdiction to review the district court’s decision not to
downwardly depart. United States v. Landerman, 167 F.3d 895, 899
(5th Cir. 1999).
AFFIRMED.

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