Filed: Aug. 26, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-1053 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the District * of Nebraska. Victor M. Ojeda, also known as * Victor Meduras, * [UNPUBLISHED] * Appellant. * _ Submitted: August 23, 1999 Filed: August 26, 1999 _ Before BOWMAN, FAGG, and MURPHY, Circuit Judges. _ PER CURIAM. Victor M. Ojeda appeals the sentence imposed by the district court after Ojeda pleaded guilty to distributi
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-1053 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the District * of Nebraska. Victor M. Ojeda, also known as * Victor Meduras, * [UNPUBLISHED] * Appellant. * _ Submitted: August 23, 1999 Filed: August 26, 1999 _ Before BOWMAN, FAGG, and MURPHY, Circuit Judges. _ PER CURIAM. Victor M. Ojeda appeals the sentence imposed by the district court after Ojeda pleaded guilty to distributio..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 99-1053
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the District
* of Nebraska.
Victor M. Ojeda, also known as *
Victor Meduras, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: August 23, 1999
Filed: August 26, 1999
___________
Before BOWMAN, FAGG, and MURPHY, Circuit Judges.
___________
PER CURIAM.
Victor M. Ojeda appeals the sentence imposed by the district court after Ojeda
pleaded guilty to distribution of 100 or more grams of methamphetamine, in violation
of 21 U.S.C. § 841(a)(1). Ojeda contends the district court erroneously applied a two-
level weapon enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1)
(1995). The alleged error is unreviewable, however, because the sentence Ojeda
received is still a downward departure from the Guidelines range that would have
resulted if he had prevailed on his challenge to the weapon enhancement. See United
States v. Wyatt,
26 F.3d 863, 864 (8th Cir. 1994) (per curiam).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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