United States v. Manolo Perez-Lopez

U.S. Court of Appeals for the Eighth Circuit
United States v. Manolo Perez-Lopez, 256 F. App'x 893 (8th Cir. 2007)
Murphy, Per Curiam, Shepherd, Smith

United States v. Manolo Perez-Lopez

Opinion

PER CURIAM.

Manolo Perez-Lopez appeals the 18-month prison sentence the district court 1 imposed after he pleaded guilty to transporting illegal aliens, in violation of 8 U.S.C. § 1324(a)(l)(A)(ii), (B)(i). Counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, *894 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is unreasonable.

We disagree. Our review of the record convinces us that the district court did not abuse its discretion in sentencing Perez-Lopez at the top of the undisputed advisory Guidelines imprisonment range, and that in doing so the court properly considered relevant sentencing factors, including the seriousness of transporting 11 aliens and Perez-Lopez’s repeated illegal entries into the United States. See 18 U.S.C. § 3553(a)(1) (nature and circumstances of offense, history and characteristics of defendant), (2)(A) (need for sentence to reflect seriousness of offense); United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (discussing reasonableness review).

After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonffivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm.

1

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

Reference

Full Case Name
UNITED STATES, Appellee, v. Manolo PEREZ-LOPEZ, Appellant
Status
Unpublished