Robert Mems v. City of St. Paul

1 The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-2792
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Rigoberto Pastor Wilson-Garcia, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: April 14, 2003
Filed: April 22, 2003
___________
Before BOWMAN, WOLLMAN, and BYE, Circuit Judges.
___________
PER CURIAM.
In this direct criminal appeal, Rigoberto Pastor Wilson-Garcia challenges the
sentence the district court 1 imposed after he pleaded guilty to illegally re-entering the
United States after deportation, following convictions for one or more crimes,
including an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The
district court sentenced him to 96 months of imprisonment and 3 years of supervised
release. On appeal, Wilson-Garcia’s counsel has moved to withdraw under Anders

-- 1 of 2 --

-2-
v. California, 386 U.S. 738 (1967), raising one issue: the district court erred in
denying Wilson-Garcia a downward departure based upon his cultural assimilation
into the United States.
We conclude that the district court made a discretionary decision not to depart,
which is unreviewable. See United States v. Edwards, 225 F.3d 991, 992-93 (8th Cir.
2000), cert. denied, 531 U.S. 1100 (2001).
Following careful review of the record, we find no other nonfrivolous issues.
See Penson v. Ohio, 488 U.S. 75, 80 (1988). 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.

-- 2 of 2 --