UNITED STATES of America, Appellee, v. Santiago VILLAGOMEZ-LOPEZ, Appellant, 119 F. App'x 845

PER CURIAM. Santiago Villagomez-Lopez appeals from the final judgment entered by the district court upon his guilty plea to an illegal-reentry charge, in violation of 8 U.S.C. § 1326(a). On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court did not exercise discretion in denying a downward departure for overrepresentation of criminal history.

Having reviewed the record, we conclude that the district judge recognized that he had the authority to depart, properly based his decision on the facts of the case, and made a discretionary decision based on those facts. Having found no other nonfrivolous issues after reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we affirm. We also grant counsel’s motion to withdraw. . The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.