United States v. Vincente Espinoza ( 2000 )


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  •                      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    Manuel De La Torre, also known        * [Not To Be Published]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.
    -2-
    

Document Info

Docket Number: 00-1534

Filed Date: 11/21/2000

Precedential Status: Non-Precedential

Modified Date: 10/13/2015