United States v. August

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-40339 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MANUAL AUGUST,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CR-36-1 - - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Manual August appeals his sentence, arguing that the

district court mistakenly concluded that he lacked the authority

to make a departure below the statutory minimum sentence for the

offense of conviction. We have reviewed the record and the

briefs of the parties and find no reversible error. 18 U.S.C.

§ 3553(f)(4); U.S.S.G. § 5C1.2.

AFFIRMED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.