United States v. Jose Garcia-Garcia

22 F. App'x 693

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 13, 2001
• Docket: 01-2302
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Jose Manuel Garcia-Gareia pleaded guilty to illegal reentry following deportation after conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2), and the district court 1 sentenced him to 77 months imprisonment and 2 years supervised release. On appeal, counsel has moved to withdraw under An-ders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and filed a brief arguing that Garcia-Garcia should have received a downward departure because he took extraordinary actions in accepting responsibility.

At sentencing, the district court acknowledged its authority to depart, and thus its discretionary decision not to depart under the circumstances in this case is unreviewable. See United States v. Lim, 235 F.3d 382, 385 (8th Cir.2000).

Moreover, 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 the sentence, and we grant counsel’s motion to withdraw.

A true copy.

1 . The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.