United States of America, Plaintiff-appellee, v. Norman Elliot Mcelroy, Defendant-appellant, 42 F.3d 1407 (10th Cir. 1994)

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US Court of Appeals for the Tenth Circuit - 42 F.3d 1407 (10th Cir. 1994) Oct. 26, 1994

Before BALDOCK, REAVLEY**  and BRORBY, Circuit Judges.

ORDER AND JUDGMENT* 

REAVLEY, Circuit Judge.

We affirm McElroy's sentence. McElroy's arguments on appeal are precluded by his plea of guilty to an Information charging production of 80 to 99 plants and the district court's discretion to refuse a downward departure based on mental condition.

AFFIRMED.

 *

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. 151 F.R.D. 470

 **

The Honorable Thomas M. Reavley,

United States Court of Appeals, Fifth Circuit, sitting by designation.

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