United States v. Isaias Perez, No. 10-2116 (8th Cir. 2010)

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Court Description: Criminal case - Sentencing. Anders case. District court committed no procedural error and imposed a substantively reasonable sentence.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2116 ___________ United States of America, Appellee, v. Isaias Perez, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: September 16, 2010 Filed: September 23, 2010 ___________ Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Isaias Perez appeals the 130-month sentence the district court1 imposed upon his guilty plea to two counts of distributing methamphetamine after having previously been convicted of a felony drug offense, in violation of 21 U.S.C. ยงยง 841(a)(1), (b)(1)(B), and 851. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. 1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. We conclude that the district court committed no procedural error and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, then considers substantive reasonableness of sentence under abuse-of-discretion standard; if sentence is within applicable Guidelines range, appellate court may apply presumption of reasonableness); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion). Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel s motion to withdraw, and we affirm. ______________________________ -2-

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