From Casetext: Smarter Legal Research

U.S. v. Trujillo-Mendez

United States Court of Appeals, Eighth Circuit
Oct 6, 2009
333 F. App'x 140 (8th Cir. 2009)

Opinion

No. 08-1382.

Submitted: October 1, 2009.

Filed: October 6, 2009.

Appeal from the United States District Court for the Northern District of Iowa.

Janet Petersen, U.S. Attorney's Office, Sioux City, IA, for Appellee.

Zoshua Z. Zeutenhorst, Elverson Vasey, Des Moines, IA, for Appellant.

Before WOLLMAN, RILEY, and SMITH, Circuit Judges.


[UNPUBLISHED]


Luis Trujillo-Mendez appeals the sentence the district court imposed after he pleaded guilty to illegal re-entry, in violation of 8 U.S.C. § 1326(a), (b). His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court abused its discretion in denying a downward departure under U.S.S.G. § 5K2.0. Because the district court acknowledged its authority to depart, and nothing in the record indicates that the refusal to do so was based upon an unconstitutional motive, the denial of Trujillo-Mendez's motion for a downward departure is unreviewable. See United States v. Morell, 429 F.3d 1161, 1164 (8th Cir. 2005). We also conclude that Trujillo-Mendez's sentence is not unreasonable. See United States v. Radtke, 415 F.3d 826, 845-46 (8th Cir. 2005).

The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues. Accordingly, we grant counsel's motion to withdraw, and we affirm.


Summaries of

U.S. v. Trujillo-Mendez

United States Court of Appeals, Eighth Circuit
Oct 6, 2009
333 F. App'x 140 (8th Cir. 2009)
Case details for

U.S. v. Trujillo-Mendez

Case Details

Full title:UNITED STATES of America, Appellee, v. Luis TRUJILLO-MENDEZ, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 6, 2009

Citations

333 F. App'x 140 (8th Cir. 2009)