United States v. Lucio Adonay Melendez
Opinion
Lucio Adonay Melendez appeals the sentence the district court 1 imposed after he pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). Counsel has moved to withdraw, and has filed a brief under Anders v. California, *920 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Contrary to counsel’s arguments, we conclude that the district court committed no procedural error in sentencing Melendez, and that the court 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); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (describing ways in which court might abuse its discretion at sentencing).
Having reviewed 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 nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm.
. The Honorable Ralph R. Erickson, Chief Judge, United States District Court for the District of North Dakota.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Lucio Adonay MELENDEZ, Also Known as Lucio Adona Melendez-Villatoro, Also Known as Jucio Adonay Melendez, Also Known as Steven Sanchez, Appellant
- Status
- Unpublished