United States v. Jorge Pina-Arellano

33 F. App'x 241

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 26, 2002
• Docket: 02-1011
• Status: Unpublished

Opinion

PER CURIAM.

Jorge Pina-Arellano appeals the sentence imposed by the district court 1 after he pleaded guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). Specifically, Pina contends he was entitled to a downward departure because—as an alien subject to removal—he is subject to a longer and harsher period of incarceration.

As he concedes, this court rejected his argument in 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), and only this court en banc may overrule that decision, see Campbell v. Purkett, 957 F.2d 535, 536 (8th Cir.1992) (per curiam).

Accordingly, we affirm.

A true copy.

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