United States of America, Plaintiff-appellee, v. Juan Ignacio Resendiz-lopez, Defendant-appellant, 19 F.3d 31 (9th Cir. 1994)

MEMORANDUM^** 

Juan Ignacio Resendiz-Lopez appeals his 80-month sentence imposed following entry of his guilty plea to illegal reentry into the United States after prior deportation and prior conviction of an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b) (2). Counsel for Resendiz-Lopez filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), which identified one possible issue for review: whether the sentence imposed was unconstitutionally disproportionate to the crime committed.¹  We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The 80-month sentence imposed for an offense with a statutory maximum sentence of 15 years' imprisonment, see 8 U.S.C. § 1326(b) (2), was not unconstitutionally disproportionate to the offense committed. See United States v. Klein, 860 F.2d 1489, 1495 (9th Cir. 1988) (Congress has broad discretion to set the punishments for a crime, and sentence imposed within statutory limits cannot be overturned as a violation of the Eighth Amendment unless totally out of proportion to the severity of the crime).

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no other issue for review. Accordingly, counsel's motion to withdraw is GRANTED and the district court's judgment is AFFIRMED.