United States v. John Buckendahl

1The Honorable R. E. Longstaff, Chief Judge, United States District Court for
the Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2291SI
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United States of America, *
* On Appeal from the United
Appellee, * States District Court
* for the Southern District
v. * of Iowa.
*
Jose Frodeyl Campos, * [Not To Be Published]
*
Appellant. *
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Submitted: April 24, 2001
Filed: May 7, 2001
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Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG,
Circuit Judges.
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PER CURIAM.
Jose Frodeyl Campos pleaded guilty to conspiring to distribute
methamphetamine, in violation of 21 U.S.C. § 846. The District Court1 denied his
request for a downward departure on the basis of his cultural assimilation into the
United States. Campos was sentenced to eight years imprisonment and three years

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supervised release. On appeal, he argues that the Court erroneously concluded that it
lacked authority to depart.
We have carefully reviewed the transcript of the sentencing hearing. The District
Court’s comments show that it did not believe it lacked authority to grant a cultural-
assimilation downward departure; rather, it assumed for the sake of argument that it had
authority to grant such a departure, but denied Campos one because of the particular
facts and circumstances of his case. Thus, the matter is unreviewable on appeal. See
United States v. Edwards, 225 F.3d 991, 992-93 (8th Cir. 2000), cert. denied, 121 S.
Ct. 834 (2001); United States v. Lipman, 133 F.3d 726, 731-32 (9th Cir. 1998).
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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