Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

7-9-2004

USA v. DelValle Precedential or Non-Precedential: Non-Precedential

Docket No. 03-4431

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Recommended Citation "USA v. DelValle" (2004). 2004 Decisions. Paper 507. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/507

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IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 03-4431

UNITED STATES OF AMERICA

v.

JOSE DELVALLE Appellant

On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. Crim. Action No. 03-cr-00230-1) District Judge: Hon. Legrome D. Davis

Submitted Pursuant to Third Circuit LAR 34.1(a) July 1, 2004

BEFORE: AM BRO, ALDISERT and STAPLETON, Circuit Judges

(Opinion Filed: July 9, 2004) 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,

(3d Cir. 1998); United States v. Denardi,

(3d Cir. 1989).

The appeal will be dismissed for lack of jurisdiction.

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