United States v. Ulises G. Pomel

13 F. App'x 490

Opinion

PER CURIAM.

Ulises G. Pomel pleaded guilty to conspiring to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii), and possessing a firearm after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). At sentencing the District Court 1 granted the government’s motion for a substantial-assistance departure, departing downward from Pomel’s Guidelines imprisonment range by approximately five years, and sentenced him to concurrent terms of sixteen years and eight months (200 months) imprisonment and five years supervised release on the drug charge and ten years (120 months) imprisonment and three years supervised release on the firearm charge. On appeal, counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging only the extent of the Court’s departure. Although we granted Pomel permission to file a pro se supplemental brief, he has not done so.

The extent of the District Court’s departure is unreviewable. See United States v. Dutcher, 8 F.3d 11, 12 (8th Cir.1993). Additionally, we have reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues.

Accordingly, we grant counsel’s motion and affirm.

1 . The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.