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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-2482 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Manuel Saenz-Salas, * * [UNPUBLISHED] Appellant. * ___________ Submitted: December 20, 2002 Filed: December 30, 2002 ___________ Before MORRIS SHEPPARD ARNOLD, MURPHY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Manuel Saenz-Salas pleaded guilty to intentionally reentering the United States without permission following his conviction for an aggravated felony and subsequent deportation, in violation of
8 U.S.C. § 1326(a) and (b)(2). At sentencing, the district court1 denied Saenz-Salas’s request for a downward departure based on the overrepresentation of his criminal history, and then sentenced him to 41 months imprisonment and 3 years supervised release. 1 The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa. On appeal, Saenz-Salas’s counsel has filed a brief and moved to withdraw under Anders v. California,
386 U.S. 738(1967), arguing the district court abused its discretion in denying the downward departure. We conclude that the ruling is unreviewable, because the district court’s refusal to depart was a discretionary decision. See United States v. Lopez-Arce,
267 F.3d 775, 783-84 (8th Cir. 2001). Upon reviewing the record independently under Penson v. Ohio,
488 U.S. 75(1988), we have found no nonfrivolous issues. Accordingly, we affirm. We also grant counsel’s motion to withdraw. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 02-2482
Citation Numbers: 54 F. App'x 247
Filed Date: 12/30/2002
Precedential Status: Non-Precedential
Modified Date: 1/12/2023