United States v. Wright

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 18, 1996
• Docket: 95-5318
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-5318

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILLIAM WRIGHT, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-93-30-N)

Submitted: December 29, 1995 Decided: January 18, 1996

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sterling H. Weaver, Sr., WEAVER LAW OFFICES, Portsmouth, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Alan M. Salsbury, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

William Wright, Jr., appeals the 51-month sentence imposed by

the district court after his previous sentence was reversed and

remanded for resentencing. Wright contends that the district court

erred in failing to depart on the ground of sentence manipulation.

Because a decision not to depart from the guideline range is not reviewable on appeal, United States v. Bayerle, 898 F.2d 28, 31 (4th Cir.), cert. denied, 498 U.S. 819 (1990), we dismiss the appeal.

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 the decisional process.

DISMISSED