United States v. Raul Guzman

U.S. Court of Appeals for the Eighth Circuit

United States v. Raul Guzman

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 13-1956 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Raul Hernandez Guzman

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________

Submitted: August 7, 2013 Filed: August 20, 2013 [Unpublished] ____________

Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Raul Guzman appeals the ten-month prison sentence that the District Court1 imposed upon his guilty plea to illegally reentering the United States after having

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. been previously deported following a felony conviction. 8 U.S.C. § 1326(a), (b)(1). Guzman’s counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Guzman’s sentence was unreasonable and that he should have been sentenced to time served. We conclude that the sentence—which is at the bottom of the uncontested Guidelines range—is not unreasonable. See United States v. Feemster, 572 F.3d 455, 461, 464 (8th Cir. 2009) (en banc). Further, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________

-2-

Reference

Status
Unpublished