United States v. Carlos Sanchez , 35 F. App'x 291 ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3815
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Southern District of Iowa.
*
Carlos Corral-Sanchez, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 20, 2002
Filed: May 21, 2002 (Corrected 6/3/02)
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Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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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 court1 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 (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.
1
The HONORABLE ROBERT W. PRATT, United States District Judge for the
Southern District of Iowa.
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 (2001). Further,
following our independent review, see Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues.
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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