United States v. Fray Moreno-Ramirez, No. 08-2554 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Sentencing. Imposition of statutory minimum affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2554 ___________ United States of America, Appellee, v. Fray Moreno-Ramirez, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: October 5, 2009 Filed: October 23, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Fray Moreno-Ramirez pleaded guilty to one count of conspiracy to distribute 500 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846, and two counts of distribution of 50 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court1 sentenced him to the statutory minimum of 120 months in prison and 5 years of supervised release. His counsel has filed a brief under Anders v. California, 1 The Honorable Donald E. O Brien, United States District Judge for the Northern District of Iowa. 386 U.S. 738 (1967), seeking permission to withdraw and arguing that the sentence is unreasonable. We conclude that Moreno-Ramirez s sentence is not unreasonable. See United States v. Wadena, 470 F.3d 735, 737 (8th Cir. 2006) (standard of review); United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003) (only authority for district court to depart from statutory minimum sentence is found in 18 U.S.C. § 3553(e) and (f), which apply only when government makes motion for substantial assistance or defendant qualifies for safety-valve relief). After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we grant counsel s motion to withdraw on condition that counsel inform Moreno-Ramirez about the procedures for filing petitions for rehearing and for certiorari. ______________________________ -2-
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