United States v. Gabriel Campos-Cisneros

U.S. Court of Appeals for the Eighth Circuit
United States v. Gabriel Campos-Cisneros, 509 F. App'x 557 (8th Cir. 2013)
Bye, Arnold, Shepherd

United States v. Gabriel Campos-Cisneros

Opinion

PER CURIAM.

Gabriel Campos-Cisneros appeals the 59-month prison sentence imposed by the district court 1 after he pleaded guilty to illegally reentering the country after having been deported subsequent to a drug-trafficking conviction, 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), challenging the court’s criminal-history determination. Because Mr. Campos-Cisne-ros affirmatively withdrew his criminal-history objection at the sentencing hearing, however, we decline to review the issue. See United States v. Olano, 507 U.S. 725, 733,113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (waiver is intentional relinquishment or abandonment of known right and is not reviewable on appeal); United States v. Harrison, 393 F.3d 805, 806 (8th Cir. 2005) (finding waiver of objections when counsel confirmed at sentencing that there were no objections); United States v. Thompson, 289 F.3d 524, 526-27 (8th Cir. 2002) (where lawyer who represented defendant in district court withdrew defendant’s objections to presentence report, he was precluded from arguing those objections on appeal).

Further, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 *558 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari, and we affirm.

1

. The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee v. Gabriel CAMPOS-CISNEROS, Also Known as Graciano Cisneros-Luviano, Also Known as Craciano Luviano, Also Known as Craciano Cisneros-Luviavan, Also Known as Jorge Campos, Also Known as Jorge Cisneros, Appellant
Status
Unpublished