United States v. Jose Jaime Lopez , 61 F. App'x 317 ( 2003 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-2954
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the Eastern
    * District of Missouri.
    Jose Jaime Lopez,                        *
    * [Unpublished]
    Appellant.                  *
    ___________
    Submitted: April 4, 2003
    Filed: April 18, 2003
    ___________
    Before HANSEN, MURPHY and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    After Jose Jaime Lopez pleaded guilty to possession with intent to distribute
    in excess of 100 kilograms of marijuana in violation of 
    21 U.S.C. § 841
    (a)(1),
    (b)(1)(B)(vii), the district court1 departed downward from the applicable Guidelines
    range and sentenced Lopez to 120 months imprisonment and 5 years supervised
    release. On appeal, counsel has moved to withdraw and has filed a brief under
    Anders v. California, 
    386 U.S. 738
     (1967), arguing that the district court erred in not
    departing further. After careful review of the record, we affirm.
    1
    The Honorable Catherine D. Perry, United States District Judge for the Eastern
    District of Missouri.
    The extent of the district court’s departure is unreviewable, see United States
    v. McFarlane, 
    309 F.3d 510
    , 516 (8th Cir. 2002), and upon reviewing the record
    independently under Penson v. Ohio, 
    488 U.S. 75
     (1988), we find no nonfrivolous
    issues for appeal. Accordingly, we affirm the judgment of the district court. 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: 02-2954

Citation Numbers: 61 F. App'x 317

Filed Date: 4/18/2003

Precedential Status: Non-Precedential

Modified Date: 1/12/2023