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85 F. App'x 891

United States v. Calloway

U.S. Courts of Appeals

Decided January 15, 2004

U.S. Courts of Appeals · decided 2004-01-15

Applies 18 U.S.C. § 1956 (§ 1352 of the Money Laundering Control Act of 1986) · 18 U.S.C. § 2113

Relies on United States v. Bayerle · United States of America v. Lawrence Charles Matthews

Dismissed by unpublished per curiam opinion · Decided 2004-01-15

PER CURIAM.

¶1 Jody Scott Calloway pled guilty to bank larceny, 18 U.S.C. §§ 2113(c), 2 (2000), and money laundering, 18 U.S.C.A. §§ 1956(h), 2 (West 2000 & Supp.2003). The district court imposed a sentence of seventy-eight months. Calloway appeals the sentence, arguing that the district court abused its discretion when it refused to depart below the guideline range pursuant to U.S. Sen- *892 fencing Guidelines Manual § 5K2.0, p.s. (2002). We dismiss.

¶2 At sentencing, Calloway proffered a variety of factors that he believed warranted a downward departure. The district court decided not to depart. In this circumstance, we lack jurisdiction to review the district court’s decision unless it resulted from a mistaken belief that the court lacked the authority to depart. United States v. Matthews, 209 F.3d 338, 352-53 (4th Cir.2000); United States v. Bayerle, 898 F.2d 28, 30 (4th Cir.1990). There is no indication here that the court failed to recognize its authority to depart.

¶3 We therefore 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 the decisional process.

¶4 DISMISSED

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