198 F. App'x 572

UNITED STATES of America, Appellee, v. Miguel BARRAJAS-MAGANA, Appellant.

No. 05-3719.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 3, 2006.

Filed: Oct. 6, 2006.

Nancy A. Svoboda, U.S. Attorney’s Office, Omaha, NE, for Appellee.

Miguel Barrajas-Magana, Bastrop, TX, pro se.

Shannon Patrick O’Connor, Federal Public Defender’s Office, Omaha, NE, for Appellant.

Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.

PER CURIAM.

Miguel Barrajas-Magana (Magana) pled guilty to possessing with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1). At sentencing, the district court1 sentenced Magana to the statutory minimum sentence of 120 months in prison and 5 years of supervised release. On appeal, counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 *573L.Ed.2d 493 (1967), arguing Magana’s sentence is unreasonable.

The district court had no authority to sentence Magana below the statutory minimum. See United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir.2003) (stating “the only authority for the district court to depart below the statutorily mandated minimum sentence is found in 18 U.S.C. §§ 3553(e) and (f), which apply only when the government makes a motion for substantial assistance or when the defendant qualifies under the safety valve provision”). Consequently, we cannot say that the district court’s sentence was unreasonable.

Having reviewed the record 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 affirm, and we grant counsel’s motion to withdraw.

United States v. Barrajas-Magana
198 F. App'x 572

Case Details

Name
United States v. Barrajas-Magana
Decision Date
Oct 6, 2006
Citations

198 F. App'x 572

Jurisdiction
United States

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