United States v. Jorge Mireles-Torres

U.S. Court of Appeals for the Eighth Circuit
United States v. Jorge Mireles-Torres, 32 F. App'x 191 (8th Cir. 2002)

United States v. Jorge Mireles-Torres

Opinion

PER CURIAM.

Jorge Mireles-Torres appeals the sentence imposed by the district court 1 upon his guilty plea to illegal reentry following deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Pursuant to Anders v. California, 386 U.S. *192 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel has moved to withdraw, and has filed a brief raising the issue whether Mireles-Torres’s sentence is too harsh.

At sentencing, Mireles-Torres raised no objection to the accuracy of the presentence report’s facts and Guidelines calculations, and the sentence imposed — also without objection — was at the bottom of the applicable Guidelines range. His argument on appeal is unreviewable. See 18 U.S.C. § 3742(a); cf. United States v. Woodrum, 959 F.2d 100,101 (8th Cir. 1992) (per curiam) (sentence is not reviewable merely because it is at top of properly calculated Guidelines range).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

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

A true copy.

1

. The Honorable Harold D. Vietor, United States District Judge for the Southern District *192 of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Jorge MIRELES-TORRES, Appellant
Status
Unpublished