United States v. Sierra-Hernandez
United States v. Sierra-Hernandez
Opinion of the Court
Ezquiel Sierra-Hernandez pleaded guilty to one count of illegally reentering the United States after removal, in violation of 8 U.S.C. §§ 1326(a) and (b)(2) (2000). The district court found Sierra-Hernandez had a criminal history category of IV and an offense level of thirteen, subjecting him to a guidelines range of twenty-four to thirty months of imprisonment. See U.S. Sentencing Guidelines Manual § 5A. The court sentenced Sierra-Hernandez to twenty-eight months of imprisonment, to be followed by a three-year term of supervised release.
Sierra-Hernandez’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there were no meritorious grounds for appeal, but suggesting one potential issue: the district court plainly erred in sentencing Sierra-Hernandez to twenty-eight months of imprisonment. Sierra-Hernandez was advised of his right to file a pro se supplemental brief, but he has declined to do so.
We have reviewed the record and conclude that the district court properly sentenced Sierra-Hernandez. The guidelines range was correctly calculated and Sierra-Hernandez was sentenced within that range.
In accordance with the requirements of Anders, we have reviewed the entire rec
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
Reference
- Full Case Name
- United States v. Ezquiel SIERRA-HERNANDEZ
- Status
- Published