United States v. Vincente Espinoza

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 21, 2000
• Docket: 00-1534
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 00-1534NE _____________

United States of America, * * Appellee, * * On Appeal from the United v. * States District Court * for the District of * Nebraska. Vincente Espinoza, also known as * Manuel De La Torre, also known * [Not To Be Published] as Primo, * * Appellant. * ___________

Submitted: November 13, 2000 Filed: November 21, 2000 ___________

Before McMILLIAN, RICHARD S. ARNOLD, and BYE, Circuit Judges. ___________

PER CURIAM.

Vincente Espinoza appeals from a sentence of 70 months imposed on him after his plea of guilty to conspiracy to distribute cocaine and methamphetamine, in violation of 21 U.S.C. § 846.

The sentence was at the bottom of the Guidelines range (70 to 87 months). Defendant argues that the District Court erred in failing to depart downward on account of the near certainty that the defendant will be deported after serving his prison term. This argument was not made in the District Court. No request was made in that Court for a downward departure. Accordingly, our review, if we have authority to review the contention at all, would be for plain error. We see no plain error here. In fact, similar contentions have been rejected by this Court. See, e.g., United States v. Bahena, 223 F.3d 797 (8th Cir. 2000); United States v. Saelee, 123 F.3d 1024, 1025-26 (8th Cir. 1997).

Affirmed.

A true copy.

Attest:

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

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