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United States v. Carlos Sanchez, 01-3815 (2002)

Court: Court of Appeals for the Eighth Circuit Number: 01-3815 Visitors: 35
Filed: May 21, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 01-3815 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * Carlos Corral-Sanchez, * [UNPUBLISHED] * Appellant. * _ Submitted: May 20, 2002 Filed: May 21, 2002 (Corrected 6/3/02) _ Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Carlos Corral-Sanchez pleaded guilty to re-entering the United States illegally after deportation,
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 01-3815
                                   ___________

United States of America,               *
                                        *
             Appellee,                  * Appeal from the United States
                                        * District Court for the
      v.                                * Southern District of Iowa.
                                        *
Carlos Corral-Sanchez,                  *      [UNPUBLISHED]
                                        *
             Appellant.                 *
                                   ___________

                          Submitted: May 20, 2002
                              Filed: May 21, 2002 (Corrected 6/3/02)
                                   ___________

Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
                          ___________

PER CURIAM.

       Carlos Corral-Sanchez 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). The district court1 sentenced Corral-Sanchez to 46
months imprisonment and 2 years supervised release. On appeal, counsel has moved
to withdraw under Anders v. California, 
386 U.S. 738
(1967), and has filed a brief
arguing that the district court erred in denying Corral-Sanchez a downward departure
under U.S.S.G. § 5K2.0, on the basis of cultural assimilation.

      1
      The HONORABLE ROBERT W. PRATT, United States District Judge for the
Southern District of Iowa.
       Counsel’s argument is unreviewable because the district court made a purely
discretionary decision not to depart on this basis. See United States v. Edwards, 
225 F.3d 991
, 992-93 (8th Cir. 2000), cert. denied, 
531 U.S. 1100
(2001). Further,
following our independent review, see Penson v. Ohio, 
488 U.S. 75
(1988), we find
no nonfrivolous issues.

      Accordingly, we affirm.

      A true copy.

             Attest:

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




                                         -2-

Source:  CourtListener

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