United States v. Camarena-Rodriguez

MEMORANDUM ** Vicente Manuel Camarena-Rodriguez appeals from his guilty plea conviction and 60-month sentence imposed for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(i)(A)(ii) and 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Camarena-Rodriguez’s counsel has filed a brief stating that there are no arguable issues for review, and a motion to withdraw as counsel of record. Counsel has identified and correctly rejected as a potential issue for appeal whether the district court erred by denying Camarena-Rodriguez’s request for a cultural assimilation downward departure. A district court’s discretionary decision to deny a downward departure request is unreviewable on appeal. United States v. Lipman, 133 F.3d 726, 729, 731-32 (9th Cir.1997). Camarena-Rodriguez has not filed a pro se supplemental brief. Having conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), we conclude that there are no arguable appellate issues on direct appeal. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3. . Appellant's September 9, 2001 motion requesting leave to file late supplemental excerpts of record is GRANTED. The Clerk is *541 directed to file Camarena-Rodriguez’s supplemental excerpts of record received on September 4, 2001.