United States of America v. Richard A. Sheppy, Appellant, 953 F.2d 688 (D.C. Cir. 1992)

JUDGMENT

PER CURIAM

This appeal was considered on the record from the United States District Court of the District of Columbia and the briefs filed by the parties. The court has determined that the issues presented occasion no need for a published opinion. See D.C. Cir. Rule 14(c). It is

ORDERED AND ADJUDGED that appellant's sentence be affirmed. The district court properly concluded that it did not have the authority to depart from the statutory ten-year minimum sentence required by 21 U.S.C. § 841(b) (1) (a) (iii). See United States v. Broxton, 926 F.2d 1180, 1183 (D.C. Cir. 1991) ("Section 3553(e) ... is the only corridor open for downward departure from statutorily-prescribed sentences").

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.