United States of America, Plaintiff--appellee, v. Danna J. Helms, Defendant--appellant, 107 F.3d 881 (10th Cir. 1997)

Defendant Danna Helms pleaded guilty to interstate transportation in aid of a racketeering enterprise. The sentencing guidelines yielded a range of imprisonment of 87 to 108 months. See II R., doc. 148 at 2-3. The maximum penalty established by statute, however, was 60 months. See 18 U.S.C. § 1952(a) (3) (A) The district court sentenced defendant below the statutory maximum, to 54 months, because she was a minor participant in the offense, the offense was aberrant behavior for her and was caused by her desire to feed her drug addiction.

On appeal, defendant challenges the degree of the district court's downward departure from the sentencing guidelines. She argues that the district court should have relied on a combination of factors, including her low degree of culpability, her difficult childhood and psychological problems, to depart even further. It is well settled that, absent incorrect application of the guidelines, we lack jurisdiction to review defendant's challenge to the degree of downward departure from the sentencing guidelines. United States v. Bromberg, 933 F.2d 895, 896-97 (10th Cir. 1991); 18 U.S.C. § 3742(a).

Dismissed for lack of jurisdiction.