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  • United States v. John Thomas Wynn, 954 F.2d 720, 4th Cir. (1992)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Thomas Wynn pled guilty to participating in an illegal gambling business. On appeal, he argued that the district court should have departed to a lower criminal history category, but he did not make this request to the district court. The Fourth Circuit affirmed the district court's judgment, stating that a decision not to depart downward is not reviewable, and that Wynn waived his right to appeal by not bringing this issue up at the district court level. The court affirmed the judgment without oral argument.

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    Filed: 1992-02-11 Precedential Status: Non-Precedential Citations: 954 F.2d 720 Docket: 91-5070

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Thomas Wynn pled guilty to participating in an illegal gambling business. On appeal, he argued that the district court should have departed to a lower criminal history category, but he did not make this request to the district court. The Fourth Circuit affirmed the district court's judgment, stating that a decision not to depart downward is not reviewable, and that Wynn waived his right to appeal by not bringing this issue up at the district court level. The court affirmed the judgment without oral argument.

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    11 views2 pages

    United States v. John Thomas Wynn, 954 F.2d 720, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Thomas Wynn pled guilty to participating in an illegal gambling business. On appeal, he argued that the district court should have departed to a lower criminal history category, but he did not make this request to the district court. The Fourth Circuit affirmed the district court's judgment, stating that a decision not to depart downward is not reviewable, and that Wynn waived his right to appeal by not bringing this issue up at the district court level. The court affirmed the judgment without oral argument.

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    of 2

    954 F.

    2d 720

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    John Thomas WYNN, Defendant-Appellant.
    No. 91-5070.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 3, 1992.
    Decided Feb. 11, 1992.

    Appeal from the United States District Court for the Western District of
    North Carolina, at Charlotte. Graham C. Mullen, District Judge. (CR-90186-C)
    Keith M. Stroud, Charlotte, N.C., for appellant.
    Thomas J. Ashcraft, United States Attorney, Frank D. Whitney, Assistant
    United States Attorney, Charlotte, N.C., for appellee.
    W.D.N.C.
    AFFIRMED.
    Before WIDENER, HAMILTON and LUTTIG, Circuit Judges.
    OPINION
    PER CURIAM:

    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).
    2

    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.

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