U.S. Court of Appeals for the Eighth Circuit, 2001

United States v. Isabel Ortiz-Lopez

United States v. Isabel Ortiz-Lopez
U.S. Court of Appeals for the Eighth Circuit · Decided June 4, 2001 · McMillian, Bowman, Arnold
6 F. App'x 559

United States v. Isabel Ortiz-Lopez

Opinion

PER CURIAM.

Isabel Ortiz-Lopez appeals from the final judgment entered in the District Court 1 for the District of Nebraska after he pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1), and did not contest a forfeiture count. The district court sentenced Ortiz-Lopez to seventy months imprisonment and four years supervised release. Counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief arguing that the district court erred in denying Ortiz-Lopez’s motion for a downward departure. For the reasons discussed below, we affirm the judgment of the district court.

During the sentencing hearing the district court explicitly recognized its authority to depart downward under U.S.S.G. §§ 5H1.6, p.s., and 5K2.0, p.s., the Guidelines specified in Ortiz-Lopez’s motion; however, based on the undisputed information contained in the presentence report, the court refused to depart. Thus, the matter is unreviewable on appeal. See United States v. Orozco-Rodriguez, 220 F.3d 940, 942 (8th Cir. 2000).

We have reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw and affirm the judgment of the district court.

1

. The Honorable Thomas M. Shanahan, United States District Judge for the District of Nebraska.

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