UNITED STATES v. SMITH (2019)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Delwyn Jamar SMITH, Defendant - Appellant.

No. 18-4719

Decided: April 23, 2019

Before KING and KEENAN, Circuit Judges, and DUNCAN, Senior Circuit Judge.

James B. Craven III, Durham, North Carolina, for Appellant. Matthew G.T. Martin, United States Attorney, Terry M. Meinecke, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North Carolina, for Appellee.

Delwyn Smith pled guilty to possession of ammunition by a convicted felon, 18 U.S.C. § 922(g)(1) (2012), and was sentenced to 57 months in prison. He appeals, claiming that the district court erred when it denied his motion for a downward departure. Our review of the record, including the sentencing transcript, discloses that the district court did not mistakenly believe that it lacked the authority to depart. Accordingly, Smith “cannot contest on appeal the court’s failure to depart downward.” See United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014). We therefore affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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