United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 6, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-30480 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIAM THOMAS FORLANDER, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CR-60045-1 -------------------- Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

PER CURIAM:* William Thomas Forlander, Jr., appeals from his sentence for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Forlander argues that the district court mis- understood the scope of its authority to depart downward on the ground of aberrant behavior pursuant to U.S.S.G. § 5K2.20.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The record reveals that the district court knew that it had discretion to decide whether to depart downward on the basis of aberrant behavior. The transcript of the sentencing hearing evidences the district court’s awareness of the language of § 5K2.20 and its commentary. This court does not have jurisdiction to review the district court’s decision to decline to grant a downward departure. See United States v. Buck, 324 F.3d 786, 798 (5th Cir. 2003).

DISMISSED.

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