United States v. Jose Jaime Lopez

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-2954
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Jose Jaime Lopez, *
* [Unpublished]
Appellant. *
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Submitted: April 4, 2003
Filed: April 18, 2003
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Before HANSEN, MURPHY and MELLOY, Circuit Judges.
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PER CURIAM.
After Jose Jaime Lopez pleaded guilty to possession with intent to distribute
in excess of 100 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(B)(vii), the district court1 departed downward from the applicable Guidelines
range and sentenced Lopez to 120 months imprisonment and 5 years supervised
release. On appeal, counsel has moved to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred in not
departing further. After careful review of the record, we affirm.
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
The extent of the district court’s departure is unreviewable, see United States
v. McFarlane, 309 F.3d 510, 516 (8th Cir. 2002), and upon reviewing the record
independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous
issues for appeal. Accordingly, we affirm the judgment of the district court. We also
grant counsel’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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