United States v. Delvalle

Third Circuit

United States v. Delvalle

102 F. App'x 264

Court of Appeals for the Third Circuit·Decided July 9, 2004·No. No. 03-4431·Published

Opinion

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 [265] 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.

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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 [265] 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.

United States v. Delvalle, 102 F. App'x 264 (3d Cir. 2004).

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Opinion

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