United States of America, Plaintiff-appellee, v. Terrence Dewon Jones, Also Known As Duke, Defendant-appellant, 958 F.2d 372 (6th Cir. 1992)

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US Court of Appeals for the Sixth Circuit - 958 F.2d 372 (6th Cir. 1992) March 24, 1992

Before RALPH B. GUY, Jr. and DAVID A. NELSON, Circuit Judges, and REAVLEY, Senior Circuit Judge.* 


ORDER

The defendant appeals from the sentence imposed upon his guilty plea to distribution of cocaine within 100 feet of a youth center and possession of a firearm in relation to a drug trafficking offense. The government moves to dismiss the appeal on the grounds that no issue is presented for appellate review.

With respect to the distribution charge, the district court granted a two-level downward adjustment in the offense level by reason of defendant's minor role and another two-level downward adjustment for acceptance of responsibility. The defendant's guideline range was accordingly 63 to 78 months. The district court imposed a sentence of 71 months.

The sole issue addressed in the defendant's brief is that the sentence should have been at the low end of the range. A sentence within the properly computed guidelines range is not appealable. United States v. Sawyers, 902 F.2d 1217, 1221 n. 5 (6th Cir. 1990), cert. denied, 111 S. Ct. 2895 (1991); 18 U.S.C. § 3742.

Therefore, it is ORDERED that the motion to dismiss this appeal is granted.

 *

The Honorable Thomas M. Reavley, Senior Circuit Judge for the Fifth Circuit U.S. Court of Appeals, sitting by designation