United States v. Cooper

34 F. App'x 437

Opinion

PER CURIAM.

Carole Lucille Cooper pled guilty to conspiracy to commit money laundering, 18 U.S.C.A. § 1956(h) (West 2000), and was sentenced to a term of seventy months imprisonment. Cooper seeks to appeal her sentence, arguing that the district court erred in declining to depart below the guideline range on the ground that the number of criminal history points she had accumulated over-represented the seriousness of her prior criminal conduct. U.S. Sentencing Guidelines Manual § 4A1.3, p.s. (2000).

A defendant may not appeal the sentencing court’s decision not to depart below the guideline unless the court’s decision resulted from an erroneous belief that it lacked the authority to depart. United States v. Bayerle, 898 F.2d 28, 31 (4th Cir.1990). Here, the district court acknowledged that it had the authority to depart under § 4A1.3, but determined that a departure was not appropriate.

We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.