USA v. R. Camacho-Carranza, No. 06-3594 (8th Cir. 2007)

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Court Description: Criminal case - Sentencing. District court did not err when it refused to credit defendant for time served in state and immigration custody, because such determinations are within the authority of the Bureau of Prisons.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3594 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Rigoberto Camacho-Carranza, * also known as Mario Rodrigo-Reyes, * [UNPUBLISHED] * Appellant. * ___________ Submitted: July 26, 2007 Filed: July 31, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Rigoberto Camacho-Carranza pleaded guilty to illegally reentering the United States after having been deported following a conviction for a felony, in violation of 8 U.S.C. ยง 1326(a) and (b)(1). The district court1 sentenced him to 21 months in prison and 3 years of supervised release. 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. On appeal, Camacho-Carranza s counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967). For reversal, counsel suggests that the district court erred in not crediting Camacho-Carranza for time he had served in state and immigration custody. This argument fails. See United States v. Iversen, 90 F.3d 1340, 1344-45 (8th Cir. 1996) (district court does not have authority to credit defendant for time served; such claim should be presented in first instance to Bureau of Prisons). We have also reviewed the record independently for any nonfrivolous issues, see Penson v. Ohio, 488 U.S. 75, 80 (1988), and we have found none. Accordingly, we affirm. We also grant counsel s motion to withdraw. ______________________________ -2-

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