United States v. Cain

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30289 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

BENNIE RAY CAIN, JR.,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CR-50047 _________________________________________________________________ April 11, 1997 Before KING, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

Bennie Cain appeals his conviction and sentence for

possessing a firearm as a convicted felon. His claim that he is

entitled to reversal on grounds that this conviction is legally

inconsistent with his acquittal of having made false statements

to obtain the firearm has no merit. See United States v. Parks,

68 F.3d 860, 865 (5th Cir. 1995), cert. denied, 116 S. Ct 825

(1996). Nor is there any merit to Cain’s contention that he is

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. entitled to reversal on grounds of entrapment by estoppel. See

United States v. Trevino-Martinez, 86 F.3d 65,69 (5th Cir. 1996),

cert. denied, 1997 WL 85480 (Mar. 3, 1997); United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc)(plain

error), cert. denied, 115 S. Ct. 1266 (1995).

Cain’s claim that the district court should have granted him

a downward departure in sentencing him, pursuant to U.S.S.G.

§ 5K2.0, p.s., will be dismissed for lack of jurisdiction. See

United States v. Flanagan, 87 F.3d 121, 125 (5th Cir. 1996);

United States v. DiMarco, 46 F.3d 476, 477-78 (5th Cir. 1995).

JUDGMENT AFFIRMED IN PART; APPEAL DISMISSED IN PART.