United States v. Ramon Calles-Abrego , 52 F. App'x 320 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-2357
    ___________
    United States of America,               *
    *
    Appellee,                  * Appeal from the United States
    * District Court for the
    v.                                * District of Minnesota.
    *
    Ramon Calles-Abrego,                    *      [UNPUBLISHED]
    *
    Appellant.                 *
    ___________
    Submitted: December 4, 2002
    Filed: December 12, 2002
    ___________
    Before LOKEN, FAGG, and MURPHY, Circuit Judges.
    ___________
    PER CURIAM.
    Ramon Calles-Abrego pleaded guilty to one count of possessing with intent to
    distribute more than 50 grams of a substance containing cocaine base, in violation of
    
    21 U.S.C. § 841
    (a)(1) and (b)(1)(A). The district court1 sentenced him to 120 months
    imprisonment (the statutory minimum) and 5 years supervised release. The court
    imposed, as a special condition of supervised release, the requirement that Calles-
    Abrego comply with Immigration and Naturalization Service rules and not reenter the
    United States illegally, and report to the nearest U.S. Probation Office within 72
    1
    The HONORABLE DAVID S. DOTY, United States District Judge for the
    District of Minnesota.
    hours of any reentry during his supervised release. On appeal, counsel has moved to
    withdraw and has filed a brief in conformance with Anders v. California, 
    386 U.S. 738
     (1967), arguing that the 120-month sentence was unreasonable and the
    supervised-release condition violated Calles-Abrego’s Fifth Amendment right against
    self-incrimination. As neither of these arguments was raised below, our review is for
    plain error. See United States v. Sun Bear, 
    307 F.3d 747
    , 750 (8th Cir. 2002).
    We conclude that the district court did not plainly err in imposing the 120-
    month sentence, because the unobjected-to drug quantity in the presentence report
    required imposition of the 10-year statutory minimum. See 
    21 U.S.C. § 841
    (b)(1)(A);
    U.S.S.G. § 5G1.1(c)(2). Nor did the court plainly err in imposing the supervised-
    release condition. See United States v. Aguilar, 
    129 F.3d 122
    , 
    1997 WL 636619
     (8th
    Cir. Oct. 10, 1997) (unpublished per curiam) (finding no plain error in imposition of
    same supervised-release condition). Moreover, having reviewed the record under
    Penson v. Ohio, 
    488 U.S. 75
    , 80 (1988), we find no nonfrivolous issues.
    Accordingly, we grant counsel’s motion to withdraw, and we affirm.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 02-2357

Citation Numbers: 52 F. App'x 320

Judges: Loken, Fagg, Murphy

Filed Date: 12/12/2002

Precedential Status: Non-Precedential

Modified Date: 11/6/2024