U.S. v. DRAFFIN

No. 01-3039.

286 F.3d 606 (2002)

UNITED STATES of America, Appellee, v. Donald Ray DRAFFIN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 2002.


Attorney(s) appearing for the Case

Sean Grimsley, Assistant Federal Public Defender, argued the cause for the appellant. A. J. Kramer, Federal Public Defender, was on brief. Gregory L. Poe, Assistant Federal Public Defender, entered an appearance.

Matthew P. Cohen, Assistant United States Attorney, argued the cause for the appellee. Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney, were on brief.

Before: HENDERSON and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Donald Ray Draffin appeals his sentence on the ground that the district court erred in not departing from the sentencing range mandated by the career offender provisions of the United States Sentencing Guidelines (Guidelines). Under circuit precedent, because Draffin did not request the departure below, the failure to depart is either not reviewable or, at most...

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