United States v. Ronald S. Morin

*
The Honorable Joseph F. Bataillon, Chief Judge, United States District Court
for the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3976
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Jesus Ojeda-Martinez, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 3, 2005
Filed: February 15, 2005
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Jesus Ojeda-Martinez (Ojeda) appeals the sentence the district court * imposed
after Ojeda pleaded guilty to a drug charge. Ojeda’s counsel has moved to withdraw
and filed a brief under Anders v. California, 386 U.S. 738 (1967). Ojeda has filed a
supplemental brief challenging the district court’s denial of safety-valve relief, and
arguing amphetamine is improperly scheduled as a controlled substance. Having
carefully reviewed the record, we conclude the district court did not clearly err in
denying Ojeda safety-valve relief. See United States v. Gutierrez-Maldonado, 328

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F.3d 1018, 1019 (8th Cir. 2003) (per curiam). We also conclude the drugs Ojeda was
convicted of distributing provide a proper basis for criminal penalties, as both
substances are explicitly referenced in 21 U.S.C. § 841(b)(1)(A). Upon our
independent review under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no
nonfrivolous issues.
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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