United States v. Mitchell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-31044 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RUDY THOMAS MITCHELL,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CR-10007-ALL - - - - - - - - - - May 15, 1998 Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Rudy Thomas Mitchell appeals the sentence he received after

he pleaded guilty to possession of a machine gun. Mitchell has

not shown that the district court mistakenly thought that it

could not downwardly depart or that the court misapplied the

Sentencing Guidelines. Thus, Mitchell’s argument that he was

entitled to a downward departure in his sentence based on

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. - 2 -

economic loss to third parties is not reviewable. See United

States v. DiMarco, 46 F.3d 476, 477-78 (5th Cir. 1995).

AFFIRMED.