U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Rountree

United States v. Rountree
U.S. Court of Appeals for the Fifth Circuit · Decided September 24, 2004 · Jolly, Higginbotham, Pickering
108 F. App'x 214

United States v. Rountree

Opinion

PER CURIAM: *

J.L. Hunter Rountree appeals the sentence he received after he pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113(a). Rountree’s argument that the district court erred when it treated the *215 instant conviction and a prior Florida conviction for Robbery Without a Weapon as “crimes of violence” for purposes of U.S.S.G. § 4B1.2 fails inasmuch as commentary to the guideline explicitly lists “robbery” as a “crime of violence” for purposes of the enhancement. See U.S.S.G. § 4B1.2, comment. (n.l); United States v. Rayo-Valdez, 302 F.3d 314, 317 (5th Cir. 2002); see also United States v. Fry, 51 F.3d 543, 546 (5th Cir. 1995).

This court lacks jurisdiction to review the district court’s denial of Rountree’s motion for a downward departure because the record indicates that the district court knew that it could depart but chose not so to do. See United States v. Buck; United States v. Landerman, 167 F.3d 895, 899 (5th Cir. 1999).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *215 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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