United States v. Joseph D. Lingo

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________

No. 98-3599

___________

United States of America, *

*

Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas.

Joseph Doyle Lingo, * * [UNPUBLISHED]

Appellant. *

___________

Submitted: February 5, 1999 Filed: February 23, 1999

___________

Before FAGG, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Joseph Doyle Lingo pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). At sentencing, Lingo argued that the district court1 should depart downward from the applicable Guidelines imprisonment range, because his Category II criminal history overstated the seriousness of his past criminal conduct. See U.S. Sentencing Guidelines Manual § 4A1.3, p.s. (1998). The court denied Lingo&s request, and sentenced him to 33 months imprisonment and three years supervised release. After reviewing the district

1 The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas.

court&s comments as a whole, see United States v. Knight, 96 F.3d 307, 311 (8th Cir. 1996), cert. denied, 117 S. Ct. 1458 (1997), we conclude that the district court was aware of its authority to depart downward, and made a discretionary decision not to do so—a decision we do not review. See United States v. Hall, 7 F.3d 1394, 1396 (8th Cir. 1993).

Accordingly, we affirm.

A true copy.

Attest:

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