USA v. Donald Daye Storer

1 The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-3025
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Rafael Madrid-Ojeda, * [UNPUBLISHED]
*
Appellant. *
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Submitted: June 3, 2005
Filed: June 10, 2005
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Before BYE, RILEY, and COLLOTON, Circuit Judges.
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PER CURIAM.
Rafael Madrid-Ojeda (Madrid) appeals the sentence the district court 1 imposed
after he pleaded guilty to conspiring to distribute 500 grams or more of a
methamphetamine mixture, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846,
and to a criminal forfeiture count. The district court sentenced Madrid to the
statutory mandatory minimum of 120 months imprisonment. See 21 U.S.C.
§ 841(b)(1)(A). Madrid’s counsel has filed a brief under Anders v. California, 386

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U.S. 738 (1967), arguing Madrid should have been sentenced below the statutory
mandatory minimum term despite his failure to qualify for “safety valve” relief.
The district court did not err in sentencing Madrid to the mandatory minimum,
because it is undisputed that he did not meet all the requirements for safety-valve
relief. See 18 U.S.C. § 3553(f) (listing factors that allow court to sentence below
mandatory minimum); United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003)
(finding district court did not have authority to depart below statutory minimum
where government did not file substantial-assistance motion and defendant did not
qualify for safety-valve relief).
Having carefully reviewed the record under Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no nonfrivolous issues. Accordingly, we affirm.
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