United States v. Jorge Pina-Arellano , 33 F. App'x 241 ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-1011
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Jorge Alfredo Pina-Arellano, also *
known as Jorge Alberto Lopez, also * [UNPUBLISHED]
known as Jose Lopez-Gonzalez, *
*
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.
Jorge Pina-Arellano appeals the sentence imposed by the district court1 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.
1
The HONORABLE ROBERT W. PRATT, United States District Judge for the
Southern District of Iowa.
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.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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