West African immigrant who is black, contends that his sentence was impermissi-bly based on his nationality or race. In support of this contention, Agodio points to the lesser sentences received by his cocon-spirators, who are both white. We find Agodio’s argument unpersuasive. The district court did not reference Ago-dio’s nationality or race at the sentencing hearing, and only commented on Agodio’s status as an immigrant in response to defense counsel’s and Agodio’s arguments on that subject in mitigation. Indeed, the district court stated that it was imposing a lesser sentence because Agodio was a de-portable alien who would likely serve his sentence in a higher security prison than others convicted of similar crimes. See United States v. DeBeir, 186 F.3d 661, 569-71 (4th Cir. 1999) (<HOLDING>). If not for Ago-dio’s status as a deportable
recognizing that district court may take into account adverse impact on incarceration caused by status as deportable alien holding that defendants status as a deportable alien could be considered by the district court at sentencing holding that the district court could consider increased sentence severity resulting from deportable alien status holding that departure based on deportable alien status was prohibited holding that deportable alien status is not a ground for departing downward