United States v. Santos Portillo

*
The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3934
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the District
Luis Lira, also known as Luis Joel * of Minnesota.
Lira-Lopez, also known as Joel Lira- *
Lopez, also known as David Machuka- * [UNPUBLISHED]
Hernandez, also known as Manuel *
Machuka-Perez, *
*
Appellant. *
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Submitted: August 26, 2004
Filed: August 31, 2004
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Before SMITH, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
Luis Lira appeals the sentence the district court * imposed after Lira pleaded
guilty to possessing cocaine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2, and illegally reentering the United States

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following deportation, in violation of 8 U.S.C. § 1326(a). Lira’s counsel has moved
to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing the court should have sentenced Lira below the statutory minimum.
We conclude the district court committed no error in not departing below the
statutory minimum sentence, because the government had not filed a substantial-
assistance motion and Lira did not qualify for safety-valve relief. See 18 U.S.C.
§ 3553(e); U.S.S.G. § 5C1.2(a)(1); United States v. Chacon, 330 F.3d 1065, 1066 (8th
Cir. 2003). Having conducted an independent review under Penson v. Ohio, 488 U.S.
75, 80 (1988), and finding no nonfrivolous issues, we affirm the judgment of the
district court. We also grant counsel’s motion to withdraw.
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