United States v. Martinez-Briseno

U.S. Court of Appeals for the Eighth Circuit
United States v. Martinez-Briseno, 51 F. App'x 1002 (8th Cir. 2002)

United States v. Martinez-Briseno

Opinion

PER CURIAM.

Francisco Martinez-Briseno pleaded guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a) and (b), and the district court 1 sentenced him to 77 months of imprisonment and 2 years of supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief raising the issues whether Martinez-Brise-no admitted at his guilty-plea hearing each of the elements of the offense, and whether his sentence was within the applicable Guidelines range, given the facts in the presentence report (PSR).

Upon careful review, we find that Martinez-Briseno admitted during his guilty-plea hearing each element of the offense of illegal reentry, and we find no error in the Guidelines range computed in the PSR and adopted by the district court. Moreover, following our independent review, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal.

Accordingly, the judgment is affirmed. We also grant counsel’s motion to withdraw.

1

. The Honorable Donald E. O'Brien, United States District Judge for the Northern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Francisco Javier MARTINEZ-BRISENO, Also Known as Sabas Figueroa Briceno, Also Known as Francisco Figueroa, Appellant
Status
Unpublished