United States v. F. Raygoza-Aguayo

Eighth Circuit

United States v. F. Raygoza-Aguayo

33 F. App'x 240

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 26, 2002

Docket01-3939

StatusUnpublished

Cited by2 cases

This text of 33 F. App'x 240 (United States v. F. Raygoza-Aguayo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. F. Raygoza-Aguayo, 33 F. App'x 240 (8th Cir. 2002).

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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).

*241 Accordingly, we affirm.

A true copy.

1

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

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