USA v. Rigoberto Salas-Castro, No. 07-1146 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - Anders. Sentence at bottom of uncontested Guidelines range is presumptively reasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1146 ___________ United States of America, Appellee, v. Rigoberto Salas-Castro, Appellant. * * * Appeal from the United States * District Court for the * Western District of Arkansas. * * [UNPUBLISHED] * * * ___________ Submitted: November 13, 2007 Filed: November 15, 2007 ___________ Before BYE, RILEY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Rigoberto Salas-Castro appeals the sentence imposed by the district court1 after he pleaded guilty to an immigration charge, in violation of 8 U.S.C. § 1326(a) and (b)(2), 6 U.S.C. § 202(3) and (4), and 6 U.S.C. § 557. Salas-Castro s counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), and moves to withdraw. For reversal, he argues that Salas-Castro s sentence, which was imposed at the bottom of the uncontested Guidelines range, is unreasonable. 1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas. We review Salas-Castro s sentence for reasonableness, and given that it falls within the advisory Guidelines range, it is presumptively reasonable. See Rita v. United States, 127 S. Ct. 2456, 2462 (2007) (discussing presumption). We see no basis in the record for concluding that Salas-Castro s sentence is unreasonable, see United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (factors); and further, after reviewing the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm, and we grant counsel leave to withdraw. ______________________________ -2-
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