United States v. Rountree

108 F. App'x 214

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 24, 2004
• Docket: 04-10129
• Status: Unpublished

Opinion

PER CURIAM: *

J.L. Hunter Rountree appeals the sentence he received after he pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113(a). Rountree’s argument that the district court erred when it treated the instant conviction and a prior Florida conviction for Robbery Without a Weapon as “crimes of violence” for purposes of U.S.S.G. § 4B1.2 fails inasmuch as commentary to the guideline explicitly lists “robbery” as a “crime of violence” for purposes of the enhancement. See U.S.S.G. § 4B1.2, comment. (n.l); United States v. Rayo-Valdez, 302 F.3d 314, 317 (5th Cir.2002); see also United States v. Fry, 51 F.3d 543, 546 (5th Cir.1995).

This court lacks jurisdiction to review the district court’s denial of Rountree’s motion for a downward departure because the record indicates that the district court knew that it could depart but chose not so to do. See United States v. Buck; United States v. Landerman, 167 F.3d 895, 899 (5th Cir.1999).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.