United States v. Rafael Martinez-Ogarrio
United States v. Rafael Martinez-Ogarrio
Opinion
Rafael Martinez-Ogarrio (Martinez) appeals the 18-month prison sentence the district court 1 imposed after he pleaded guilty to transporting and attempting to transport illegal aliens within the United States for commercial advantage and private gain, in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). His counsel has moved 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 Martinez’s sentence is unreasonable.
We conclude that Martinez’s within-Guidelines-range sentence is not unreasonable, because nothing in the record indicates the court overlooked a relevant factor, gave significant weight to an improper factor, or made a clear error of judgment in weighing appropriate factors. See Rita v. United States, — U.S.-, 127 S.Ct. 2456, 2462-68, 168 L.Ed.2d 203 (2007) (allowing appellate presumption of reasonableness); United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (reasonableness factors).
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 grant counsel leave to withdraw, and we affirm the district court’s judgment.
. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.