United States v. Dean Prince

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 14, 2000
• Docket: 99-2392
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 99-2392 ___________

United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Dean Mark Prince, * Southern District of Iowa. * Appellant. * [UNPUBLISHED] ___________

Submitted: July 6, 2000 Filed: July 14, 2000 ___________

Before LOKEN, FAGG, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Dean Mark Prince appeals from the final judgment entered in the district court1 after he pleaded guilty to falsely making counterfeit obligations of the United States, in violation of 18 U.S.C. § 471. The district court sentenced him to thirty-three months imprisonment and three years supervised release. For reversal, he argues the district court erred in not granting him a downward departure under U.S. Sentencing

1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. Guidelines Manual § 5H1.4, p.s. (1998) on grounds that his Acquired Immunodeficiency Syndrome (AIDS) constitutes an extraordinary physical impairment.

Upon careful review of the record, we conclude that the district court’s refusal to depart in this case was an unreviewable exercise of discretion. See United States v. Eagle, 133 F.3d 608, 611 (8th Cir. 1998).

In addition, we deny the pending motion.

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS EIGHTH CIRCUIT.

-2-