United States v. Walther Guerrero-Lopez

U.S. Court of Appeals for the Eighth Circuit
United States v. Walther Guerrero-Lopez, 397 F. App'x 253 (8th Cir. 2010)

United States v. Walther Guerrero-Lopez

Opinion

PER CURIAM.

Walther Guerrero-Lopez appeals the 46-month prison sentence the district court 1 imposed upon his guilty plea to illegal reentry after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). 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), questioning whether the sentence was procedurally sound and substantively reasonable.

We conclude that the district court committed no procedural error and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, and then considers substantive reasonableness of sentence under abuse-of-discretion standard; if sentence is within applicable Guidelines range, appellate court may apply presumption of reasonableness); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion).

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

1

. The Honorable Jimm Lariy Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Walther GUERRERO-LOPEZ, Appellant
Status
Unpublished