United States v. Raymond Mendoza

U.S. Court of Appeals for the Eighth Circuit
United States v. Raymond Mendoza, 256 F. App'x 865 (8th Cir. 2007)

United States v. Raymond Mendoza

Opinion

PER CURIAM.

Raymond Mendoza challenges the 110-month prison sentence the district court 1 imposed after he pleaded guilty to distributing in excess of 5 grams of actual methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(viii). 2 Mendoza’s *866 counsel has sought permission to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court erred by failing to sentence Mendoza to the statutory minimum of 60 months.

We conclude that Mendoza’s sentence, which was at the bottom of the properly calculated advisory Guidelines range, is reasonable. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007); United States v. Harris, 493 F.3d 928, 932 (8th Cir. 2007). The district court expressly considered relevant factors under 18 U.S.C. § 3553(a), and ruled out a sentence below the Guidelines range because of Mendoza’s prior felony convictions, the dangers of methamphetamine, and the need to deter him from further criminal behavior. See 18 U.S.C. § 3553(a)(1), (2)(A)-(B). Nothing in the record suggests that the district court misapplied the relevant factors. See Harris, 493 F.3d at 932-33. 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 nonfrivolous issues. Accordingly, we affirm, and we grant counsel’s request to withdraw.

1

. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.

2

. Mendoza also admitted using a 1993 Cadiliac Eldorado in the commission of a con *866 trolled-substance offense in violation of 21 U.S.C. § 853, and to violating the terms of supervised release on a previous conviction. The district court ordered forfeiture of the Cadillac and sentenced Mendoza to a consecutive 24-month term of imprisonment. The revocation sentence is not at issue in this appeal.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Raymond MENDOZA, Also Known as Raymond Otero, Also Known as 619, Appellant
Status
Unpublished