USA v. Tina Y. Lee, (8th Cir. 1997)

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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[UNPUBLISHED]

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