264 F. App'x 543

UNITED STATES of America, Appellee, v. Raul Ortega MIJARES, also known as Safari, also known as Luis Fernando Garcia-Rios, Appellant.

No. 07-1313.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 13, 2008.

Filed: Feb. 19, 2008.

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

PER CURIAM.

Raul Ortega Mijares appeals the 120-month prison sentence the district court1 imposed after he pleaded guilty to a drug offense. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he moves to withdraw. We affirm.

For reversal, counsel raises as a possible argument that the district court mishandled this case. Upon careful review of the record, we conclude that this argument has no merit. In particular, we find that the district court’s unobjected-to refusal to grant safety-valve relief was not error, plain or otherwise, see United States v. Pirani, 406 F.3d 543, 550 (8th Cir.2005) (en banc) (describing plain-error review that appellate court uses to correct error not raised at trial), because Mijares admitted that he had refused to provide certain information about his offense that had been requested by the government, see 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a) (safety-valve relief requirements). Accordingly, the 10-year statutory minimum imposed by the district court was the lowest sentence the court could legally have imposed. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir.2006) (“Booker 2 does not relate to statutorily-imposed sentences”); United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir.2003) (only authority for district court to depart from statutory minimum sentence is found in 18 U.S.C. § 3553(e) and (f), which apply only *544when government makes motion for substantial assistance or defendant qualifies for safety-valve relief).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm the judgment,

United States v. Mijares
264 F. App'x 543

Case Details

Name
United States v. Mijares
Decision Date
Feb 19, 2008
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264 F. App'x 543

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United States

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