United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 99-2315 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Jonathan Borroum, * * [UNPUBLISHED] Appellant. * ___________

Submitted: December 1, 1999

Filed: December 8, 1999 ___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Jonathan Borroum pleaded guilty to conspiring to possess cocaine, marijuana, and/or heroin with intent to distribute, in violation of 21 U.S.C. § 846. He objected to the presentence report’s calculation of his criminal history category, arguing that his resulting Guidelines imprisonment range should be 121-151 rather than 140-175 months. The district court1 overruled his objection, granted the government’s substantial-assistance downward-departure motion, and sentenced Mr. Borroum to 66

1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. months imprisonment and 3 years supervised release. On appeal, Mr. Borroum renews the argument that his criminal history category was miscalculated.

Because the district court departed below the Guidelines range that Borroum asserts he should have received, we agree with the government that any error in overruling his objection to the presentence report was harmless. See United States v. Coleman, 132 F.3d 440, 441 (8th Cir.) (per curiam), cert. denied, 118 S. Ct. 1821 and 119 S. Ct. 116 (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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