_____________ No. 95-4209WM _____________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Jesus Montalvo-Rodriguez, * [UNPUBLISHED] * Appellant. * _____________ Submitted: June 12, 1996 Filed: June 21, 1996 _____________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges. _____________

PER CURIAM.

Jesus Montalvo-Rodriguez appeals the 151-month sentence imposed by the district court after Montalvo-Rodriguez pleaded guilty to conspiring to distribute cocaine base and cocaine powder. The Government did not file a substantial assistance motion, and Montalvo-Rodriguez failed to make a substantial threshold showing the Government improperly withheld the motion. On appeal, counsel filed a brief under Anders v. California, 386 U.S. 738 (1967). In the Anders brief, counsel suggests the district court improperly failed to depart downward below the applicable sentencing range and the mandatory statutory minimum. Montalvo-Rodriguez's argument is foreclosed by our holding in United States v. Kelly, 18 F.3d 612, 617-18 (8th Cir. 1994). Having carefully reviewed the record for any other nonfrivolous issues, we find none. See Penson v. Ohio, 488 U.S. 75, 80 (1988). We thus affirm the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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