United States v. Bryant

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-10742 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ERIC BRYANT, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-005-A - - - - - - - - - - April 26, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:* Eric Bryant argues that his right to due process was violated by the district court’s refusal to grant his motion for a downward departure. Because we lack jurisdiction to review the district court’s exercise of its discretion in denying the motion for a downward departure, unless the court’s refusal was the result of a violation of law or a misapplication of the Sentencing Guidelines, the appeal is DISMISSED. United States v. DiMarco, 46 F.3d 476, 477 (5th Cir. 1995).

DISMISSED.