USA v. Michael A. Ealey

1The presentence report indicates that the defendant’s legal name is Dan Duane
Drayer.
2The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
_____________
No. 00-1507NE
_____________
United States of America, *
* On Appeal from the United
Appellee, * States District Court
* for the District of
v. * Nebraska.
*
Daniel Drayer, * [Not To Be Published]
*
Appellant. *
___________
Submitted: July 5, 2000
Filed: July 19, 2000
___________
Before RICHARD S. ARNOLD, BOWMAN, and BEAM, Circuit Judges.
___________
PER CURIAM.
Dan Drayer1 appeals the sentence the District Court2 imposed on him following
his guilty plea to distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1).
He argues that the Court erred in not departing downward sua sponte based on, among
other things, his rehabilitative conduct. Having carefully reviewed the record, we

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conclude that the District Court did not plainly err in not granting an unrequested
downward departure. See United States v. Montanye, 996 F.2d 190, 192 (8th Cir.
1993) (en banc) (plain-error standard of review for issues not raised below); United
States v. Tapia, No. 99-2412, 2000 WL 146374, at *1 (8th Cir. Feb. 8, 2000)
(unpublished per curiam) (no plain error in not granting unrequested downward
departure). Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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