U.S. Court of Appeals for the Eighth Circuit, 2002

United States v. Manuel Saenz-Salas

United States v. Manuel Saenz-Salas
U.S. Court of Appeals for the Eighth Circuit · Decided December 30, 2002 · Arnold, Murphy, Melloy
54 F. App'x 247

United States v. Manuel Saenz-Salas

Opinion

PER CURIAM.

Manuel Saenz-Salas pleaded guilty to intentionally reentering the United States without permission following his conviction for an aggravated felony and subsequent deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). At sentencing, the district court 1 denied Saenz-Salas’s request for a downward departure based on the overrepresentation of his criminal history, and then sentenced him to 41 months imprisonment and 3 years supervised release.

On appeal, Saenz-Salas’s counsel has filed a brief and moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing the district court abused its discretion in *248 denying the downward departure. We conclude that the ruling is unreviewable, because the district court’s refusal to depart was a discretionary decision. See United States v. Lopez-Arce, 267 F.3d 775, 783-84 (8th Cir. 2001). Upon reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no non-frivolous issues. Accordingly, we affirm. We also grant counsel’s motion to withdraw.

1

. The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa.

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