United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 02-2792
                                     ___________

United States of America,            *
                                     *
            Appellee,                *
                                     * Appeal from the United States
     v.                              * District Court for the
                                     * Southern District of Iowa.
Rigoberto Pastor Wilson-Garcia,      *    [UNPUBLISHED]
                                     *
            Appellant.               *
                                ___________

                          Submitted: April 14, 2003

                                Filed: April 22, 2003
                                     ___________

Before BOWMAN, WOLLMAN, and BYE, Circuit Judges.
                        ___________

PER CURIAM.

       In this direct criminal appeal, Rigoberto Pastor Wilson-Garcia challenges the
sentence the district court1 imposed after he pleaded guilty to illegally re-entering the
United States after deportation, following convictions for one or more crimes,
including an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The
district court sentenced him to 96 months of imprisonment and 3 years of supervised
release. On appeal, Wilson-Garcia’s counsel has moved to withdraw under Anders

      1
      The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.
v. California, 

(1967), raising one issue: the district court erred in
denying Wilson-Garcia a downward departure based upon his cultural assimilation
into the United States.

      We conclude that the district court made a discretionary decision not to depart,
which is unreviewable. See United States v. Edwards, 

, 992-93 (8th Cir.
2000), cert. denied, 

(2001).

      Following careful review of the record, we find no other nonfrivolous issues.
See Penson v. Ohio, 

, 80 (1988). Accordingly, the judgment is affirmed.
We also grant counsel’s motion to withdraw.

      A true copy.

             Attest:

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




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