UNITED STATES of America, Appellee, v. Francisco RAYGOZA-AGUAYO, Appellant, 33 F. App'x 240

PER CURIAM. Francisco Raygoza-Aguayo pleaded guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326(

a) and (b), and was sentenced to 46 months in prison and 2 years supervised release. On appeal, he challenges the district court’s failure to grant a downward departure based on his status as an alien subject to removal. As Raygoza acknowledges, his argument is foreclosed by United States v. Cardosa-Rodriguez, 241 F.3d 613, 614 (8th Cir.2001) (deportable aliens’ ineligibility for Bureau of Prisons benefits does not provide basis for downward departure in illegal-reentry cases). Accordingly, we affirm. A true copy. . The HONORABLE ROBERT W. PRATT, United States District Judge for the Southern District of Iowa.