The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4405
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EDWARD BROWN HOLLINS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CR-03-49)
Submitted: October 13, 2004 Decided: October 27, 2004
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jonathan Fittro, Clarksburg, West Virginia, for Appellant.
Thomas E. Johnston, United States Attorney, Zelda E. Wesley,
Assistant United States Attorney, Clarksburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edward Brown Hollins, Jr., appeals his eighty-four-month
sentence imposed after he pled guilty to aiding and abetting the
distribution of .35 grams of crack cocaine, in violation of 21
U.S.C.A. § 841(a)(1), (b)(1)(C) (West 1999 & Supp. 2004), and 18
U.S.C. § 2 (2000). We dismiss the appeal.
Hollins contends that, because his criminal history
category overstated the seriousness of his prior crimes, the
district court erred in denying his motion for a downward
departure. “We are not permitted to review a district court’s
refusal to depart downward from the Sentencing Guidelines unless
the district court was under the mistaken impression that it lacked
the authority to depart.” United States v. Shaw, 313 F.3d 219, 222
(4th Cir. 2002) (internal quotation marks and citation omitted).
Our review of the record convinces us that the district court was
aware of its authority to depart but declined to do so because the
facts did not warrant a departure.
Accordingly, we dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
- 2 -