United States v. Ricardo Barbosa-Huerta

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED); Granting [4090796-2] motion to withdraw as counsel filed by Mr. David Randolph Mercer. [4122796] [13-3043]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3043
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Ricardo Barbosa-Huerta
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: February 7, 2014
Filed: February 11, 2014
[Unpublished]
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Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.
Ricardo Barbosa-Huerta directly appeals the sentence the district court1
imposed after he pleaded guilty to an immigration offense. Counsel moves to
1

The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.

Appellate Case: 13-3043

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Date Filed: 02/11/2014 Entry ID: 4122796

withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence is substantively unreasonable.
Upon careful review, we conclude that Barbosa-Huerta’s within-Guidelinesrange sentence is not substantively unreasonable. See Gall v. United States, 552 U.S.
38, 51 (2007) (if sentence is within Guidelines range, appellate court may apply
presumption of reasonableness); United States v. Feemster, 572 F.3d 455, 461 (8th
Cir. 2009) (en banc) (appellate review of sentencing decision). Having independently
reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we
find no nonfrivolous issues. Therefore, we affirm, and we grant counsel’s motion to
withdraw, subject to counsel informing appellant about procedures for seeking
rehearing or filing a petition for certiorari.
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Appellate Case: 13-3043

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Date Filed: 02/11/2014 Entry ID: 4122796