United States v. Felipe Carmelo-Gomez, No. 11-1006 (8th Cir. 2011)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Sentence was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1006 ___________ United States of America, Appellee, v. Felipe Carmelo-Gomez, * * * * * * * * Appeal from the United States District Court for the District of Minnesota. [UNPUBLISHED] Appellant. ___________ Submitted: May 18, 2011 Filed: June 13, 2011 ___________ Before LOKEN, MURPHY, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Felipe Carmelo-Gomez pleaded guilty to unlawfully reentering the United States after having been deported following conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). The district court1 sentenced him to 24 months in prison, below the Guidelines range. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable. 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. We conclude that the district court did not abuse its discretion or impose an unreasonable sentence, because it calculated the undisputed advisory Guidelines sentencing range, considered relevant factors under 18 U.S.C. § 3553(a), and explained its reasons for the sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel s motion to withdraw and we affirm the judgment. ______________________________ -2-
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