United States v. Felipe Carmelo-Gomez
Opinion
Felipe Carmelo-Gomez pleaded guilty to unlawfully reentering the United States after having been deported following conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). The district court 1 sentenced him to 24 months in prison, below the Guidelines range. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is unreasonable.
We conclude that the district court did not abuse its discretion or impose an unreasonable sentence, because it calculated the undisputed advisory Guidelines sentencing range, considered relevant factors under 18 U.S.C. § 3553(a), and explained its reasons for the sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc).
Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw and we affirm the judgment.
. The Honorable David S. Doty, United States District Judge for the District of Minnesota.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Felipe CARMELO-GOMEZ, Appellant
- Status
- Unpublished