United States v. Ricardo Barbosa-Huerta


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED); Granting [4090796-2] motion to withdraw as counsel filed by Mr.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

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3043 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ricardo Barbosa-Huerta lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: February 7, 2014 Filed: February 11, 2014 [Unpublished] ____________ Before WOLLMAN, MURPHY, and SMITH, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 13-3043 Page: 2 Date Filed: 02/11/2014 Entry ID: 4122796

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