United States of America v. Jose Delvalle

NOT PRECEDENTIAL
IN THE UNITED STATES COURT
OF APPEALS
FOR THE THIRD CIRCUIT
NO. 03-4431
UNITED STATES OF AMERICA
v.
JOSE DELVALLE
Appellant
On Appeal From the United States
District Court
For the Eastern District of Pennsylvania
(D.C. Crim. Action No. 03-cr-00230-1)
District Judge: Hon. Legrome D. Davis
Submitted Pursuant to Third Circuit LAR 34.1(a)
July 1, 2004
BEFORE: AM BRO, ALDISERT and STAPLETON, Circuit Judges
(Opinion Filed: July 9, 2004)

-- 1 of 2 --

2
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Appellant Jose DelValle pled guilty to distribution of crack cocaine. He was
sentenced to twenty months of incarceration. On appeal, he argues only that the District
Court “erred in not granting a downward departure on the grounds that this case departed
from the ‘heartland’ of the sentencing guidelines.” Appellant’s Br/ at 8.
As appellant acknowledges, the District Court recognized that it had the authority
to depart. It necessarily follows that we lack jurisdiction to review its decision not to
depart. United States v. Vitale, 159 F.3d 810 (3d Cir. 1998); United States v. Denardi,
892 F.2d 269 (3d Cir. 1989).
The appeal will be dismissed for lack of jurisdiction.

-- 2 of 2 --