United States v. Felipe Carmelo-Gomez

Filing

PER CURIAM OPINION FILED - THE COURT: STEVEN M. COLLOTON, JAMES B. LOKEN and DIANA E. MURPHY (UNPUBLISHED) [3796839] [11-1006]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1006
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United States of America,

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Appellee,
v.
Felipe Carmelo-Gomez,

Appeal from the United States
District Court for the
District of Minnesota.
[UNPUBLISHED]

Appellant.
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Submitted: May 18, 2011
Filed: June 13, 2011
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Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
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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.

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The Honorable David S. Doty, United States District Judge for the District of
Minnesota.

Appellate Case: 11-1006

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Date Filed: 06/13/2011 Entry ID: 3796839

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.
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Appellate Case: 11-1006

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Date Filed: 06/13/2011 Entry ID: 3796839