United States of America, Plaintiff-appellee, v. John Thomas Wynn, Defendant-appellant, 954 F.2d 720 (4th Cir. 1992)

John Thomas Wynn pled guilty to participating in an illegal gambling business (18 U.S.C. §§ 1955, 2 (1988)). He appeals the sentence he received on the ground that the district court erred in not departing to a lower criminal history category, and contends that category VI overstated the seriousness of his past criminal activity. See United States Sentencing Commission, Sentencing Guidelines, § 4A1.3 (Nov.1990). Wynn did not request a departure in the district court, and thus has waived review of this issue. United States v. Tibesar, 894 F.2d 317 (8th Cir.), cert. denied, 59 U.S.L.W. 3245 (U.S.1990). Moreover, this Court has previously held that a decision not to depart is not reviewable on appeal. United States v. Bayerle, 898 F.2d 28 (4th Cir.), cert. denied, 59 U.S.L.W. 3244 (U.S.1990).

We therefore affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED.