United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 00-1338
                                    ___________

United States of America,                *
                                         *
             Appellee,                   * Appeal from the United States
                                         * District Court for the
      v.                                 * District of Nebraska.
                                         *
Ismael Allan Munoz,                      *      [UNPUBLISHED]
                                         *
             Appellant.                  *
                                    ___________

                            Submitted: December 21, 2000
                                Filed: December 28, 2000
                                    ___________

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
                            ___________

PER CURIAM.

       After Ismael Allan Munoz pleaded guilty to wire fraud, in violation of 18 U.S.C.
§ 1343, the district court1 sentenced him to 12 months and 1 day imprisonment, and 2
years supervised release, and to pay $150,000 in restitution. On appeal, Munoz’s
counsel moved to withdraw pursuant to Anders v. California, 

(1967),
challenging the district court’s denial of Munoz’s motion to depart downward to a




      1
       The HONORABLE JOSEPH F. BATAILLON, United States District Judge for
the District of Nebraska.
sentence akin to that received by another person involved in the fraud. Munoz has not
filed a pro se supplemental brief.

      The district court’s refusal to depart was a discretionary decision, which we do
not review. See United States v. Correa, 

, 417 (8th Cir. 1999). In
accordance with Penson v. Ohio, 

(1988), we have reviewed the record for
any non-frivolous issues. As we have found none, we now affirm and grant counsel’s
motion to withdraw.

      A true copy.

             Attest:

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




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