From Casetext: Smarter Legal Research

U.S. v. Hernandez-Figueroa

United States Court of Appeals, Eighth Circuit
Feb 8, 2011
No. 10-3271 (8th Cir. Feb. 8, 2011)

Opinion

No. 10-3271.

Submitted: February 1, 2011.

Filed: February 8, 2011.

Appeal from the United States District Court for the Northern District of Iowa.

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.


[UNPUBLISHED]


Elmer Hernandez-Figueroa pleaded guilty to being found in the United States after having been removed subsequent to attaining felony convictions, in violation of 8 U.S.C. § 1326(a), (b)(1). The district court sentenced him to 57 months in prison (the bottom of the applicable Guidelines range), and he appeals. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable and that the court should have varied downward. Hernandez-Figueroa has filed a pro se supplemental brief asserting that his family circumstances warranted a lower sentence.

The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.

We conclude that the district court took into account all the relevant sentencing factors, committed no procedural error, and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (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 abuse of discretion).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel's motion to withdraw, and we affirm.


Summaries of

U.S. v. Hernandez-Figueroa

United States Court of Appeals, Eighth Circuit
Feb 8, 2011
No. 10-3271 (8th Cir. Feb. 8, 2011)
Case details for

U.S. v. Hernandez-Figueroa

Case Details

Full title:United States of America, Appellee, v. Elmer Hernandez-Figueroa, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 8, 2011

Citations

No. 10-3271 (8th Cir. Feb. 8, 2011)