United States v. Carolyn A. Woods

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 28, 1997
• Docket: 96-3202
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 96-3202 ___________

United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Carolyn Annette Woods, also known as * Western District of Missouri. Carolyn A. Hamilton, also known as * Carolyn Johnson, also known as Caroline * [UNPUBLISHED] Hamilton, also known as Carolyn Graves, * also known as Carolyn Scoggins, * * Appellant. *

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Submitted: July 24, 1997 Filed: July 28, 1997 __________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges. __________

PER CURIAM.

From approximately 1991, as part of a drug-distribution conspiracy, cocaine and crack cocaine were distributed from Carolyn Annette Woods’s residence in Kansas City, Missouri. In May 1994, after a search warrant was executed at Woods’s residence, authorities recovered loaded handguns and a rifle. Woods later pleaded guilty to conspiring to distribute and possess with intent to distribute cocaine and cocaine base from December 1989 through November 1994, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). After calculating a Guidelines sentencing range of 292 to 365 months--which included enhancements for possessing a firearm and for her aggravating role in the offense--the district court1 granted the government’s motion for a downward departure from the statutory minimum and Guidelines range, based on Woods’s substantial cooperation; the court sentenced Woods to 108 months imprisonment and 5 years supervised release. Woods appeals, and we affirm.

For reversal, Woods argues the district court erred in assessing a 2-level firearm enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1), and a 3-level enhancement for being a manager or supervisor under U.S. Sentencing Guidelines Manual § 3B1.1(b). Without these enhancements, Woods would have had a total offense level of 35 and a resulting Guidelines range of 168 to 210 months. Because Woods’s 108-month sentence represents a downward departure from that range, her sentence is unreviewable. See United States v. Baker, 64 F.3d 439, 441 (8th Cir. 1995) (where district court departs below applicable Guidelines range with or without challenged enhancement, this court has consistently held sentence is not reviewable).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable D. Brook Bartlett, Chief Judge, United States District Court for the Western District of Missouri.

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