United States v. Jorge Magana-Suarez, No. 05-1562 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1562 ___________ United States of America, Appellee, v. Jorge Magana-Suarez, Appellant. * * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: March 20, 2006 Filed: March 20, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. Jorge Magana-Suarez (Magana) appeals the 30-month sentence the district court imposed upon his guilty plea to illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a). Magana s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the reasonableness of the sentence (which was at the top of the advisory Sentencing Guidelines range) in light of Magana s cultural assimilation. 1 1 The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa. We conclude the sentence is not unreasonable. See United States v. Haack, 403 F.3d 997, 1004 (8th Cir.) (standard of review), cert. denied, 126 S. Ct. 276 (2005). The district court calculated the Guidelines imprisonment range and took that range into account, along with other 18 U.S.C. § 3553(a) factors and Magana s culturalassimilation argument, in determining the sentence. See United States v. Booker, 543 U.S. 220, 260-62 (2005) (§ 3553(a) factors will guide reasonableness review). 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-
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