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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 97-1246EA
United States of America, Appellee, v. Tina Yvette Lee, also known as Tina Yvonne Lee, Appellant.
Submitted: August 6, 1997 Filed: August 25, 1997
Before FAGG, BOWMAN, and MURPHY, Circuit Judges.
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.
Appeal from the United States
District Court for the Eastern
District of Arkansas.
[UNPUBLISHED]
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- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff--Appellee, v. Raul Hernandez-Reyes, Also Known as Martin Caballero-Hernandez, Also Known as Arturo Quelos-Miranda, Also Known as Carlos Guzman-Hernandez, Also Known as Carlos Hernandez-Guzman, Also Known as Martin Hernandez-Caballero-Hernandez, Defendant--Appellant.
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