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United States v. Tina Y. Lee, 97-1246 (1997)

Court: Court of Appeals for the Eighth Circuit Number: 97-1246 Visitors: 88
Filed: Aug. 25, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1246EA _ 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 * Tina Yvette Lee, also known as * [UNPUBLISHED] Tina Yvonne Lee, * * Appellant. * _ 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
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                         United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   _____________

                                   No. 97-1246EA
                                   _____________

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Tina Yvette Lee, also known as       *       [UNPUBLISHED]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.        *
                               _____________

                            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.




                              -2-

Source:  CourtListener

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