United States v. Heron Velez-Paz, No. 07-2987 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Criminal law. Evidence was sufficient to support conviction for illegal re-entry into the U.S.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2987 ___________ United States of America, Appellee, v. Heron Velez-Paz, Appellant. * * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: April 24, 2009 Filed: April 29, 2009 ___________ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. ___________ PER CURIAM. After Heron Velez-Paz pleaded guilty to illegal reentry after having been deported following an aggravated-felony conviction, in violation of 8 U.S.C. ยง 1326(a), (b)(2), the district court1 sentenced him within the advisory Guidelines range to 46 months in prison and 2 years of supervised release. On appeal, his counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967). For the reasons discussed below, we affirm. 1 The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa. Counsel argues that Velez-Paz s conviction is not supported by sufficient evidence. We conclude that this argument is foreclosed by Velez-Paz s unconditional guilty plea. See United States v. Jennings, 12 F.3d 836, 839 (8th Cir. 1994). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we affirm the district court s judgment. ______________________________ -2-
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