United States v. Stanley

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 26, 2011
• Docket: 10-7600
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7600

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JIMMIE DARION STANLEY, a/k/a Big Worm,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:06-cr-01001-TLW-1)

Submitted: April 21, 2011 Decided: April 26, 2011

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jimmie Darion Stanley, Appellant Pro Se. Arthur Bradley Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jimmie Darion Stanley seeks to appeal the extent of

the district court’s reduction of his sentence pursuant to the

Government’s Rule 35(b) motion. Under 18 U.S.C. § 3742 (2006)

this court does not have “jurisdiction to review the extent of

the district court’s downward departure.” United States v.

Hill, 70 F.3d 321, 324 (4th Cir. 1995). Accordingly, we dismiss

the appeal for lack of jurisdiction. 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 in the decisional process.

DISMISSED