United States v. Woods

55 F. App'x 5

• Court: Court of Appeals for the First Circuit
• Decided: January 31, 2003
• Docket: 01-1445
• Status: Published

Opinion

PER CURIAM.

Appellant Lorenzo Woods appeals from the sentence the district court imposed following his guilty plea to three cocaine base offenses under 21 U.S.C. § 841(a)(1) and § 846 and 18 U.S.C. § 2. On appeal, he asserts that the district court erroneously applied United States Sentencing Guideline § 2D1.1 at sentencing. In addition, he claims that the district court misunderstood its departure authority under Guideline § 4A1.3 and thus failed to grant his motion for a downward departure.

After careful review of the record, in particular the sentencing transcript, we conclude that the court properly applied the career offender guideline, § 4B1.1, at sentencing. To that extent, we affirm the sentence. We also agree with the United States that the district court denied the departure motion in an exercise of its discretion and not based on any misapprehension of authority. Thus, we may not review its decision. See United States v. DeLeon, 187 F.3d 60, 69 (1st Cir.), cert. denied, 528 U.S. 1030, 120 S.Ct. 551, 145 L.Ed.2d 428 (1999) (“It is well settled that ‘no appeal lies from a discretionary refusal to depart’ from the Sentencing Guidelines.”) (citation omitted).

Affirmed.