United States v. Shannon
United States v. Shannon
Opinion of the Court
ORDER
Anthony D. Shannon, also known as Anthony Blair, appeals the sentences imposed upon his convictions for carjacking in violation of 18 U.S.C. § 2119(1) and for possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). The parties have expressly waived oral argument, and upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
On November 13, 2000, Shannon pleaded guilty to the above offenses pursuant to
On appeal, Shannon contends that the district court did not give proper weight to the government’s evaluation of his assistance, but instead unfairly reduced the amount of the downward departure based on several instances of assaultive behavior and property destruction which occurred when he was fourteen or younger. He notes that his juvenile offenses did not result in any criminal history points and that he did not have violent juvenile offenses after age fourteen.
This argument is not reviewable. While a criminal defendant may appeal an upward departure, Koon v. United States, 518 U.S. 81, 96, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), he may not appeal the extent of a downward one. United States v. Nesbitt, 90 F.3d 164, 166 (6th Cir. 1996).
Accordingly, the district court’s judgment is affirmed.
Reference
- Full Case Name
- United States v. Anthony D. SHANNON, also known as Anthony Blair
- Status
- Published