United States v. Epifanio Flores

473 F. App'x 351

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 5, 2012
• Docket: 11-4589
• Status: Unpublished

Opinion

PER CURIAM:

Epifanio Flores appeals the 150-month sentence imposed following a guilty plea to conspiracy to distribute cocaine and marijuana, in violation of 21 U.S.C. § 846 (2006). Flores argues on appeal that his sentence is unreasonable because the district court granted him only a forty percent reduction in accordance with the Government’s motion under U.S. Sentencing Guidelines Manual § 5K1.1 (2010) instead of the fifty percent reduction he requested at sentencing. We affirm.

Flores does not challenge the district court’s computation of his Guidelines range or the district court’s selection of sentence before application of the § 5K1.1 departure. Flores only challenges the extent of the district court’s departure. However, the extent of the district court’s § 5K1.1 departure is generally unreviewable on appeal. See United States v. Shaw, 313 F.3d 219, 222 (4th Cir.2002) (“we do not have the authority to review the extent to which a district court departs downward unless the departure decision resulted in a sentence imposed in violation of law or resulted from an incorrect application of the Guidelines”).

To the extent Flores otherwise challenges the substantive reasonableness of his sentence, he points to no sentencing factor that rebuts the presumption of reasonableness for his below-Guidelines sentence. We therefore conclude that his sentence is reasonable.

Accordingly, we affirm. 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.

AFFIRMED.