United States v. Irenelisa Torres-Resendiz

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4392539] [15-3326]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3326
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Irenelisa Torres-Resendiz
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: April 25, 2016
Filed: April 27, 2016
[Unpublished]
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Before LOKEN, BYE, and KELLY, Circuit Judges.
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PER CURIAM.
Irenelisa Torres-Resendiz directly appeals after she pled guilty to conspiring to
distribute methamphetamine, and the district court1 sentenced her to 140 months in

1

The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

Appellate Case: 15-3326

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Date Filed: 04/27/2016 Entry ID: 4392539

prison and three years of supervised release. Her counsel has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the district court’s application
of a two-level enhancement under U.S.S.G. § 3B1.1(c) for Torres-Resendiz’s
aggravating role in the offense.
The district court did not clearly err in assessing the enhancement. See United
States v. Gutierrez, 757 F.3d 785, 789 (8th Cir. 2014) (standard of review). At
sentencing, the government presented testimony and other evidence establishing that,
for two months, Torres-Resendiz received weekly or bi-weekly shipments of large
quantities of methamphetamine from a supplier, and instructed others to wire the drug
proceeds, which showed that she directed large quantities of drugs and drug proceeds;
exercised control over others; and acted as a “key link” between supplier and
distributor. See U.S.S.G. § 3B1.1, comment. (n.4) (relevant factors); United States
v. Johnson, 619 F.3d 910, 921 (8th Cir. 2010).
Having reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988),
we find no nonfrivolous issues. Accordingly, the judgment is affirmed.
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Appellate Case: 15-3326

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Date Filed: 04/27/2016 Entry ID: 4392539