United States v. Arnaldo Carrera ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 96-1570NE
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Arnaldo Carrera, * [UNPUBLISHED]
*
Appellant. *
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Submitted: April 7, 1997
Filed: April 15, 1997
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Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.
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PER CURIAM.
Arnaldo Carrera challenges the 54-month sentence imposed by
the district court after Carrera pleaded guilty to possessing with
intent to distribute cocaine. Carrera also admitted that
$49,402.00 was forfeitable. Carrera’s counsel filed a brief under
Anders v. California, 386 U.S. 738 (1967), and Carrera filed a
supplemental brief. Contrary to Carrera’s view, after the district
court departs downward from the guidelines range, the extent of the
district court’s departure is unreviewable. See United States v.
Left Hand Bull, 901 F.2d 647, 650 (8th Cir. 1990). We decline to
consider Carrera’s claim of ineffective assistance of counsel on
direct appeal. See United States v. Logan, 49 F.3d 352, 361 (8th
Cir. 1995). Otherwise, we conclude the arguments raised in the
briefs filed by Carrera and his counsel are without merit. Finding
no other nonfriviolous issues for appeal, see Penson v. Ohio, 488
U.S. 75, 80 (1988), we affirm. We also grant counsel’s motion to
withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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