United States v. Jose Gil-Becerra

U.S. Court of Appeals for the Eighth Circuit
United States v. Jose Gil-Becerra, 50 F. App'x 800 (8th Cir. 2002)

United States v. Jose Gil-Becerra

Opinion

PER CURIAM.

Jose Refugio Gil-Becerra appeals from the final judgment entered in the District Court 1 for the Northern District of Iowa after he pleaded guilty to unlawfully reentering the United States following removal, in violation of 8 U.S.C. § 1326(a). The district court sentenced Gil-Becerra to 12 months imprisonment to be followed by 1 year of supervised release. 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 for reversal that the guilty plea was involuntary because Gil-Becerra was led to believe by his counsel that he would be sentenced to time served.

We conclude that the district court did not plainly err in accepting Gil-Becerra’s guilty plea because he confirmed at his plea hearing that he realized, despite counsel’s prediction, that he could be sentenced to up to 2 years imprisonment. See United States v. Granados, 168 F.3d 343, 345 (8th Cir. 1999) (per curiam). Having found no nonfrivolous issues following our independent review of the record in accordance with Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we grant counsel’s motion to withdraw.

Accordingly, we affirm.

A true copy.

1

. The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa.

Reference

Full Case Name
UNITED STATES OF AMERICA, Appellee, v. Jose Refugio GIL-BECERRA, Appellant
Status
Unpublished