LAW.coLAW.co

UNITED STATES of America, v. Jose DELVALLE Appellant

United States Court of Appeals for the Third Circuit2004-07-09No. No. 03-4431
102 F. App'x 264

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Appellant Jose DelValle pled guilty to distribution of crack cocaine. He was sentenced to twenty months of incarceration. On appeal, he argues only that the District Court “erred in not granting a downward departure on the grounds that this case departed from the ‘heartland’ of the sentencing guidelines.” Appellant’s Br/ at 8. As appellant acknowledges, the District Court recognized that it had the authority to depart. It necessarily follows that we lack jurisdiction to review its decision not to depart. United States v. Vitale, 159 F.3d 810 (3d Cir.1998); United States v. Denardi, 892 F.2d 269 (3d Cir.1989). The appeal will be dismissed for lack of jurisdiction.