United States v. F. Raygoza-Aguayo

33 F. App'x 240

Opinion

PER CURIAM.

Francisco Raygoza-Aguayo pleaded guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a) and (b), and was sentenced to 46 months in prison and 2 years supervised release. On appeal, he challenges the district court’s 1 failure to grant a downward departure based on his status as an alien subject to removal.

As Raygoza acknowledges, his argument is foreclosed by United States v. Cardosa-Rodriguez, 241 F.3d 613, 614 (8th Cir.2001) (deportable aliens’ ineligibility for Bureau of Prisons benefits does not provide basis for downward departure in illegal-reentry cases).

Accordingly, we affirm.

A true copy.

1 . The HONORABLE ROBERT W. PRATT, United States District Judge for the Southern District of Iowa.