Mary Sue Shipley v. AR Blue Cross & Blue

1 The Honorable Ronald E. Longstaff, Chief Judge, United States District Court
for the Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1090
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Southern
* District of Iowa.
Rogelio Vera-Navarro, *
* [UNPUBLISHED]
Appellant. *
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Submitted: June 5, 2003
Filed: June 12, 2003
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Before LOKEN, Chief Judge, MORRIS SHEPPARD ARNOLD, and SMITH, Circuit
Judges.
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PER CURIAM.
Rogelio Vera-Navarro pleaded guilty to illegal reentry following deportation,
in violation of 8 U.S.C. § 1326(a). The district court1 sentenced him to 70 months
imprisonment and 2 years supervised release. On appeal, Mr. Vera-Navarro’s counsel
has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the district court should have granted a downward departure

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under U.S.S.G. § 5K2.11, p.s. (lesser harms) and § 5K2.12, p.s. (coercion and duress).
Mr. Vera-Navarro asserts, pro se, that he was never comfortable with his attorney and
felt as if he was “railroaded from the start,” and urges us to reduce his sentence.
Given the district court’s explicit recognition of its authority to depart, its
decision not to depart is unreviewable. See United States v. Orozco-Rodriguez,
220 F.3d 940, 942 (8th Cir. 2000). Further, any ineffective-assistance argument that
Mr. Vera-Navarro may be trying to raise is not properly before us. See United States
v. Martin, 59 F.3d 767, 771 (8th Cir. 1995).
Following careful review of the record, see Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no other nonfrivolous issues. 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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