United States of America, Appellee, v. Willie Arthur Leach, Appellant, 48 F.3d 1225 (8th Cir. 1995)

Willie Arthur Leach appeals his 120-month sentence imposed by the district court¹  after he pleaded guilty to bank robbery. For reversal, Leach argues only that the district court erred in denying his motion to depart under U.S.S.G. Sec. 4A1.3 because it mistakenly believed it had no authority to do so. A court's decision not to depart downward under section 4A1.3, where the court is aware of its authority to do so, is nonreviewable. United States v. Hall, 7 F.3d 1394, 1396 (8th Cir. 1993). Having carefully reviewed the record, we conclude the district court was aware of its authority to depart.

Accordingly, the judgment is affirmed.