United States v. Jorge Magana-Suarez

U.S. Court of Appeals for the Eighth Circuit
United States v. Jorge Magana-Suarez, 170 F. App'x 983 (8th Cir. 2006)

United States v. Jorge Magana-Suarez

Opinion

PER CURIAM.

Jorge Magana-Suarez (Magana) appeals the 30-month sentence the district court 1 imposed upon his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). Magana’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 *984 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning the reasonableness of the sentence (which was at the top of the advisory Sentencing Guidelines range) in light of Magana’s cultural assimilation.

We conclude the sentence is not unreasonable. See United States v. Haack, 403 F.3d 997, 1004 (8th Cir.) (standard of review), ce rt. denied, — U.S. -, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005). The district court calculated the Guidelines imprisonment range and took that range into account, along with other 18 U.S.C. § 3553(a) factors and Magana’s cultural-assimilation argument, in determining the sentence. See United States v. Booker, 543 U.S. 220, 260-62, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (§ 3553(a) factors will guide reasonableness review).

Having reviewed the record under Pen-son v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa.

Reference

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Unpublished