United States v. Rigoberto Salas-Castro
Opinion
Rigoberto Salas-Castro appeals the sentence imposed by the district court 1 after he pleaded guilty to an immigration charge, in violation of 8 U.S.C. § 1326(a) *60 and (b)(2), 6 U.S.C. § 202(3) and (4), and 6 U.S.C. § 557. Salas-Castro’s counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and moves to withdraw. For reversal, he argues that Salas-Castro’s sentence, which was imposed at the bottom of the uncontested Guidelines range, is unreasonable.
We review Salas-Castro’s sentence for reasonableness, and given that it falls within the advisory Guidelines range, it is presumptively reasonable. See Rita v. United States, — U.S. -, -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007) (discussing presumption). We see no basis in the record for concluding that Salas-Castro’s sentence is unreasonable, see United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (factors); and further, after reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfiivolous issues for appeal. Accordingly, we affirm, and we grant counsel leave to withdraw.
. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Rigoberto SALAS-CASTRO, Appellant
- Status
- Unpublished