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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-2154 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Francisco Javier Martinez-Briseno, * [UNPUBLISHED] also known as Sabas Figueroa Briceno, * also known as Francisco Figueroa, * * Appellant. * ___________ Submitted: December 3, 2002 Filed: December 6, 2002 ___________ Before WOLLMAN, FAGG, and LOKEN, Circuit Judges. ___________ PER CURIAM. Francisco Martinez-Briseno pleaded guilty to illegal reentry following deportation, in violation of
8 U.S.C. § 1326(a) and (b), and the district court1 sentenced him to 77 months of imprisonment and 2 years of supervised release. On appeal, counsel has moved to withdraw under Anders v. California,
386 U.S. 7381 The Honorable Donald E. O’Brien, United States District Judge for the Northern District of Iowa. (1967), and has filed a brief raising the issues whether Martinez-Briseno admitted at his guilty-plea hearing each of the elements of the offense, and whether his sentence was within the applicable Guidelines range, given the facts in the presentence report (PSR). Upon careful review, we find that Martinez-Briseno admitted during his guilty- plea hearing each element of the offense of illegal reentry, and we find no error in the Guidelines range computed in the PSR and adopted by the district court. Moreover, following our independent review, see Penson v. Ohio,
488 U.S. 75(1988), we find no nonfrivolous issues for appeal. Accordingly, the judgment is affirmed. We also grant counsel’s motion to withdraw. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 02-2154
Citation Numbers: 51 F. App'x 1002
Judges: Wollman, Fagg, Loken
Filed Date: 12/6/2002
Precedential Status: Non-Precedential
Modified Date: 11/6/2024