U.S. Court of Appeals for the Eighth Circuit, 2003

United States v. James Johnson

United States v. James Johnson
U.S. Court of Appeals for the Eighth Circuit · Decided December 10, 2003 · Riley, McMillian, Smith
82 F. App'x 508

United States v. James Johnson

Opinion

[UNPUBLISHED]

PER CURIAM.

In this direct criminal appeal, James Johnson (Johnson) challenges the sentence the district court 1 imposed following his guilty plea to possession of marijuana and unregistered destructive devices. Having carefully reviewed the record, we find the district court understood it could depart downward and the district court’s refusal to depart downward on the grounds Johnson offered (singly or in the aggregate) was an entirely discretionary decision, and thus it is unreviewable. See United States v. Booker, 186 F.3d 1004, 1007 (8th Cir. 1999).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.

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