United States v. Nery Chacon


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 John P. Messina., (UNPUBLISHED) [3828499] [11-1869]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1869 ___________ United States of America, Appellee, v. Nery Saud Chacon, Appellant. * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * * ___________ Submitted: September 7, 2011 Filed: September 14, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 11-1869 Page: 2 Date Filed: 09/14/2011 Entry ID: 3828499

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