United States v. Enrique Cahue-Rangel

U.S. Court of Appeals for the Eighth Circuit
United States v. Enrique Cahue-Rangel, 93 F. App'x 103 (8th Cir. 2004)

United States v. Enrique Cahue-Rangel

Opinion

PER CURIAM.

Enrique Cahue-Rangel appeals the sentence the district court 1 imposed when he pleaded guilty to illegal reentry after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Cahue-Rangel’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. *104 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), contending that, for several reasons, the district court should have granted Cahue-Rangel a downward departure.

We conclude, however, that the district court’s refusal to depart is unreviewable because the court recognized its authority to depart and declined to do so. See United States v. Koons, 300 F.3d 985, 993-94 (8th Cir. 2002).

After 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 nonfrivolous issues. Accordingly, we deny the government’s motion to dismiss, grant counsel’s motion to withdraw, and affirm the judgment.

1

. The Honorable Ralph R. Erickson, United States District Judge for the District of North Dakota.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Enrique CAHUE-RANGEL, Also Known as Antonio Diaz-Lopez, Appellant
Status
Unpublished