United States v. Carlos Sanchez

35 F. App'x 291

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 21, 2002
• Docket: 01-3815
• Status: Unpublished

Opinion

PER CURIAM.

Carlos Corral-Sanchez pleaded guilty to re-entering the United States illegally after deportation, following his conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court 1 sentenced Corral-Sanchez to 46 months imprisonment and 2 years supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief arguing that the district court erred in denying Corral-Sanchez a downward departure under U.S.S.G. § 5K2.0, on the basis of cultural assimilation.

Counsel’s argument is unreviewable because the district court made a purely discretionary decision not to depart on this basis. See United States v. Edwards, 225 F.3d 991, 992-93 (8th Cir.2000), cert. denied, 531 U.S. 1100, 121 S.Ct. 834, 148 L.Ed.2d 715 (2001). Further, following our independent review, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

A true copy.

1 . The HONORABLE ROBERT W. PRATT, United States District Judge for the Southern District of Iowa.