United States v. Hector Vega-Martinez, No. 16-3774 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Riley, Murphy and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. No error in imposing an alcohol ban as part of the special conditions of defendant's supervised release. [ April 25, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3774 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Hector Vega-Martinez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Dubuque ____________ Submitted: April 21, 2017 Filed: April 26, 2017 [Unpublished] ____________ Before RILEY, MURPHY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Hector Vega-Martinez directly appeals after he pleaded guilty to identity-theft charges, and the district court1 sentenced him to a within-Guidelines-range prison 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. term and supervised release with special conditions. On appeal, Vega-Martinez’s counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court plainly erred in imposing an alcohol ban as a special condition of supervised release. Upon careful review, we conclude that the imposition of the unobjected-to alcohol ban was not plain error. See United States v. Wisecarver, 644 F.3d 764, 775 (8th Cir. 2011) (standard of review). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________ -2-
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