Filed: Dec. 10, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1854 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. James Johnson, * * [UNPUBLISHED] Appellant. * _ Submitted: November 25, 2003 Filed: December 10, 2003 _ Before RILEY, McMILLIAN, and SMITH, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, James Johnson (Johnson) challenges the sentence the district court1 imposed following his guil
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1854 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. James Johnson, * * [UNPUBLISHED] Appellant. * _ Submitted: November 25, 2003 Filed: December 10, 2003 _ Before RILEY, McMILLIAN, and SMITH, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, James Johnson (Johnson) challenges the sentence the district court1 imposed following his guilt..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-1854
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
James Johnson, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: November 25, 2003
Filed: December 10, 2003
___________
Before RILEY, McMILLIAN, and SMITH, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, James Johnson (Johnson) challenges the sentence
the district court1 imposed following his guilty plea to possession of marijuana and
unregistered destructive devices. Having carefully reviewed the record, we find the
district court understood it could depart downward and the district court’s refusal to
depart downward on the grounds Johnson offered (singly or in the aggregate) was an
1
The Honorable Susan Webber Wright, Chief Judge, United States District
Court for the Eastern District of Arkansas.
entirely discretionary decision, and thus it is unreviewable. See United States v.
Booker,
186 F.3d 1004, 1007 (8th Cir. 1999).
Accordingly, we affirm. See 8th Cir. R. 47B.
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