United States v. James Johnson

82 F. App'x 508

Opinion

[UNPUBLISHED]

PER CURIAM.

In this direct criminal appeal, James Johnson (Johnson) challenges the sentence the district court 1 imposed following his guilty plea to possession of marijuana and unregistered destructive devices. Having carefully reviewed the record, we find the district court understood it could depart downward and the district court’s refusal to depart downward on the grounds Johnson offered (singly or in the aggregate) was an entirely discretionary decision, and thus it is unreviewable. See United States v. Booker, 186 F.3d 1004, 1007 (8th Cir. 1999).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.