U.S. v. Morris

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Craig Mitchell MORRIS…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2002

31 F. App'x 431 (9th Cir. 2002)

Opinion

31 Fed.Appx. 431 (9th Cir. 2002) UNITED STATES of America, Plaintiff-Appellee, v. Craig Mitchell MORRIS, Defendant-Appellant. No. 01-30241. D.C. No. CR-99-00525-KI-01. United States Court of Appeals, Ninth Circuit. February 22, 2002

Submitted February 11, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON and TALLMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Craig Mitchell Morris appeals his forty-one month sentence imposed following his guilty plea conviction for one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We lack jurisdiction and dismiss.

Morris contends that the district court abused its discretion for not granting a downward departure of his criminal history category because the seriousness of his criminal history is overstated. We lack jurisdiction to review the district court's discretionary decision not to grant a downward departure. United States v. Wetchie,

Page 432.

207 F.3d 632, 636 (9th Cir.), cert. denied, 531 U.S. 854, 121 S.Ct. 134, 148 L.Ed.2d 87 (2000).

Morris also contends that the district court abused its discretion by only granting a one-level downward departure for the plethora of grounds he requested. We lack jurisdiction to review the extent of a discretionary downward departure. United States v. Riggins, 40 F.3d 1055, 1058 (9th Cir.1994).

DISMISSED.