United States v. Tina Y. Lee ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-1246EA
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Arkansas.
*
Tina Yvette Lee, also known as * [UNPUBLISHED]
Tina Yvonne Lee, *
*
Appellant. *
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Submitted: August 6, 1997
Filed: August 25, 1997
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Before FAGG, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Tina Yvette Lee, also known as Tina Yvonne Lee, appeals the drug-related
sentence imposed by the district court under the sentencing guidelines. For reversal,
Lee contends the district court improperly refused to grant Lee's motion for a
downward departure. We reject Lee's argument. The record shows the district court
considered Lee's individual circumstances and understood its authority to depart
downward; thus, the district court's refusal to depart is not reviewable on appeal. See
United States v. Hernandez-Reyes, 114 F.3d 800, 802-03 (8th Cir. 1997). We affirm
Lee's sentence. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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