United States v. Scott A. Winingear
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Scott Winingear appeals his two-year sentence for mail fraud in violation of section 1341 of Title 18 of the United States Code. Winingear argues that his sentence was unreasonable because the district court did not depart downward by the amount of time Winingear already served in state prison for resisting arresting officers and threatening to murder them. Although we lack jurisdiction to review the decision of the district court not to depart downward, we affirm as reasonable the sentence imposed by the district court,
I. BACKGROUND
In January 2004, Winingear was indicted in the Southern…
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