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

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3939
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Southern District of Iowa.
*
Francisco Raygoza-Aguayo, * [UNPUBLISHED]
*
Appellant. *
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Submitted: April 24, 2002
Filed: April 26, 2002
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Before LOKEN, BEAM, and RILEY, Circuit Judges.
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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’s1 failure to grant a downward departure based on his status as an alien subject
to removal.
1
The HONORABLE ROBERT W. PRATT, United States District Judge for the
Southern District of Iowa.
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.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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