NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted July 22, 2009
Decided August 6, 2009
Before
JOHN L. COFFEY, Circuit Judge
JOEL M. FLAUM, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 08-3080
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Northern District of
Illinois, Eastern Division.
v.
No. 06 CR 866-1
ALEJANDRO JIMENEZ,
Defendant-Appellant. Wayne R. Andersen,
Judge.
ORDER
Alejandro Jimenez pleaded guilty to distribution of cocaine, 21 U.S.C. § 841(a)(1),
and was sentenced to 60 months’ imprisonment. Jimenez filed a notice of appeal, but his
appointed lawyer has moved to withdraw because after review of the record he states he
has been unable to discern a nonfrivolous basis for appeal. See Anders v. California, 386 U.S.
738 (1967). We invited Jimenez to respond to counsel’s submission, see C IR. R. 51(b), but he
has failed to do so. We limit our review to the issues considered in counsel’s supporting
brief. See United States v. Schuh, 289 F.3d 968, 973-74 (7th Cir. 2002).
No. 08-3080 Page 2
Counsel tells us that Jimenez does not want his guilty plea vacated, and so counsel
properly omits any discussion of the adequacy of the plea colloquy or the voluntariness of
the plea. See United States v. Knox, 287 F.3d 667, 670-72 (7th Cir. 2002).
Counsel identifies just one potential argument: whether Jimenez might challenge the
reasonableness of his prison sentence. But because he distributed more than 500 grams of
cocaine, Jimenez was subject to a mandatory minimum imprisonment term of 60 months.
See 21 U.S.C. § 841(b)(1)(B). Aside from two exceptions that do not apply here—18 U.S.C.
§ 3553(e) and (f)—a district court is not permitted to impose a sentence below the statutory
minimum. See United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009). Any challenge to
the sentence would be frivolous.
Accordingly, counsel’s motion to withdraw is GRANTED and the appeal is
DISMISSED.