United States v. Luis Flores-Dominguez, No. 07-1717 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence imposed pursuant to the mandatory minimum was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1717 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Luis Antonio Flores-Dominguez, * * [UNPUBLISHED] Appellant. * ___________ Submitted: November 5, 2007 Filed: November 8, 2007 ___________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ___________ PER CURIAM. Luis Antonio Flores-Dominguez challenges the 120-month prison sentence the district court1 imposed after he pleaded guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine in violation of 21 U.S.C. ยงยง 841(a)(1), (b)(1), and 846. Flores-Dominguez s counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court should have had discretion to sentence Flores-Dominguez below the mandatory minimum notwithstanding his ineligibility for a safety-valve reduction, and that his sentence is 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. unreasonable. We conclude that Flores-Dominguez s sentence is not unreasonable because 120 months was the statutory minimum. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006); United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003). After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, the judgment of the district court is affirmed. ______________________________ -2-
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