United States v. Colville ( 2000 )


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  •                             No. 99-30813
    -1-
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-30813
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    MELINDA B. COLVILLE,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 99-CR-60012-1
    --------------------
    April 13, 2000
    Before WIENER, DeMOSS, and PARKER, Circuit Judges.
    PER CURIAM:*
    Melinda Colville (“Colville”) appeals the sentence following
    her guilty-plea conviction for mail fraud, 18 U.S.C. § 1341 & 2.
    She argues that the district court erred when it refused to
    depart downward from the guideline range, pursuant to U.S.S.G.
    § 5K2.13, because it mistakenly believed that it was without
    authority to do so.
    We have carefully reviewed the arguments and the appellate
    record and concluded that the district court was aware that it
    possessed the authority to depart downward from the guideline
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 99-30813
    -2-
    range pursuant to § 5K2.13.   See United States v. Carmouche, 
    138 F.3d 1014
    , 1018 (5th Cir. 1998); United States v. Keller, 
    947 F.2d 739
    , 741 (5th Cir. 1991).
    AFFIRMED.
    

Document Info

Docket Number: 99-30813

Filed Date: 4/14/2000

Precedential Status: Non-Precedential

Modified Date: 12/21/2014