Pansy Blackwell v. Jim Hohn

1The HONORABLE JOSEPH F. BATAILLON, United States District Judge for
the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-1338
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Ismael Allan Munoz, * [UNPUBLISHED]
*
Appellant. *
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Submitted: December 21, 2000
Filed: December 28, 2000
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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
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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, 386 U.S. 738 (1967),
challenging the district court’s denial of Munoz’s motion to depart downward to a

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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, 167 F.3d 414, 417 (8th Cir. 1999). In
accordance with Penson v. Ohio, 488 U.S. 75 (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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