United States v. Nery Chacon

Filing

PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON Granting [3790405-2] motion to withdraw as counsel filed by Mr. John P. Messina., (UNPUBLISHED) [3828499] [11-1869]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1869
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United States of America,
Appellee,
v.
Nery Saud Chacon,
Appellant.

*
*
* Appeal from the United States
* District Court for the
* Northern District of Iowa.
*
*
[UNPUBLISHED]
*
*
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Submitted: September 7, 2011
Filed: September 14, 2011
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Before LOKEN, BYE, and COLLOTON, Circuit Judges.
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PER CURIAM.
Nery Chacon pleaded guilty to illegally re-entering the United States after
being deported following the commission of an aggravated felony, in violation of 8
U.S.C. § 1326(a), (b)(2). The district court1 imposed a sentence of 46 months in
prison and three years of supervised release. Chacon appeals. His counsel has moved
to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738 (1967), he
argues that the district court abused its discretion in imposing a substantively

1

The Honorable Linda R. Reade, Chief Judge of the United States District
Court for the Northern District of Iowa.

Appellate Case: 11-1869

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Date Filed: 09/14/2011 Entry ID: 3828499

unreasonable sentence that was greater than necessary to achieve the sentencing goals
of 18 U.S.C. § 3553(a).
Chacon has failed to rebut the presumption that his sentence, which falls at the
bottom of the advisory Guidelines range, is not substantively unreasonable. See Gall
v. United States, 552 U.S. 38, 51 (2007); United States v. Feemster, 572 F.3d 455,
461 (8th Cir. 2009) (en banc). Additionally, having reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly,
the judgment of the district court is affirmed, and we grant counsel’s motion to
withdraw.
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Appellate Case: 11-1869

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Date Filed: 09/14/2011 Entry ID: 3828499