United States v. Solorio-Menera

1 The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2805
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Ronald Washington, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 24, 2004
Filed: March 17, 2004
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Before BYE, McMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.
Ronald Washington pleaded guilty to conspiring to distribute and possess with
intent to distribute 50 grams or more of a mixture or substance containing cocaine
base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(iii), and 846, and 18 U.S.C.
§ 2. At sentencing, the district court 1 granted Washington’s motion for a downward
departure, reducing his criminal history from Category IV to Category III, and
sentenced him to 135 months imprisonment and 5 years supervised release.

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On appeal, Washington argues that departure to Category II was warranted.
We reject this argument because the extent of the district court’s downward departure
is unreviewable, see United States v. Dutcher, 8 F.3d 11, 12 (8th Cir. 1993), and
Washington agreed in his written plea agreement that his prison term would be
between 121-151 months, see United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.
1995). Accordingly, we affirm.
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