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United States v. F. Gonzalez-Renteria, 02-1018 (2002)

Court: Court of Appeals for the Eighth Circuit Number: 02-1018 Visitors: 38
Filed: Jun. 10, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-1018 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Francisco Gonzalez-Renteria, * [UNPUBLISHED] * Appellant. * _ Submitted: June 5, 2002 Filed: June 10, 2002 _ Before MURPHY, BYE, and RILEY, Circuit Judges. _ PER CURIAM. Francisco Gonzalez-Renteria pleaded guilty to re-entering the United States illegally after deportation, following his convict
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-1018
                                   ___________

United States of America,               *
                                        *
            Appellee,                   *
                                        * Appeal from the United States
      v.                                * District Court for the Western
                                        * District of Missouri.
Francisco Gonzalez-Renteria,            *     [UNPUBLISHED]
                                        *
            Appellant.                  *
                                   ___________

                         Submitted: June 5, 2002
                             Filed: June 10, 2002
                                  ___________

Before MURPHY, BYE, and RILEY, Circuit Judges.
                            ___________

PER CURIAM.

       Francisco Gonzalez-Renteria pleaded guilty to re-entering the United States
illegally after deportation, following his conviction for an aggravated felony, in
violation of 8 U.S.C. § 1326(a) and (b)(2). Gonzalez-Renteria moved for a downward
departure based on his agreement to waive a hearing and to consent to administrative
deportation. The district court1 denied the motion and sentenced him to 46 months
imprisonment and 3 years supervised release.


      1
      The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
       On appeal Gonzalez-Renteria’s counsel has moved to withdraw and filed a
brief under Anders v. California, 
386 U.S. 738
(1967), arguing that the district court
erred in denying the downward-departure motion. We may not review a district
court’s denial of a downward-departure motion where--as here--there is no evidence
that the court did not understand its authority to depart, or that the court was
motivated by an unconstitutional reason. See United States v. Hernandez-Reyes, 
114 F.3d 800
, 801-02 (8th Cir. 1997).

      Having found no nonfrivolous issues in our independent review of the record,
see Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we grant counsel’s motion to withdraw,
and we affirm.

      A true copy.

             Attest:

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




                                         -2-

Source:  CourtListener

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