UNITED STATES v. SANCHEZ GONZALEZ (2020)

[Unpublished]

Sergio Sanchez Gonzalez appeals the sentence the district court ¹ imposed after he pleaded guilty to illegal reentry to the United States after he was previously deported. 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), challenging the substantive reasonableness of the sentence.

To the extent Sanchez Gonzalez’s argument implies that the district court erred in failing to grant a downward departure, we conclude that because the district court was aware of its authority to depart downward, its discretionary decision not to do so is unreviewable. See United States v. Bryant, 606 F.3d 912, 919 (8th Cir. 2010). Upon careful review under a deferential abuse-of-discretion standard, see Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), we further conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc). Finally, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues for appeal.

Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment.

FOOTNOTES

1.   The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

PER CURIAM.