United States v. E. Lara-Valenzuela

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1480
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Ernesto Lara-Valenzuela, also known *
as Manuel Hurtado-Millan, also known *
as Negro, also known as Mario * [UNPUBLISHED]
Martinez, also known as Manuel *
Hurtado, *
*
Appellant. *
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Submitted: January 3, 2006
Filed: January 10, 2006
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Ernesto Lara-Valenzuela challenges the sentence the district court1 imposed
after he pleaded guilty to conspiring to distribute 50 or more grams of a mixture
containing methamphetamine, and cocaine (amount unspecified), in violation of 21
U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. His counsel has moved to withdraw and filed
1
The Honorable Richard H. Battey, United States District Judge for the District
of South Dakota.
a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Lara-
Valenzuela’s sentence is unreasonable.
The sentence is not unreasonable. The district court gave Lara-Valenzuela a
sentence within the applicable advisory Guidelines range, stated that it had considered
the sentencing factors listed in 18 U.S.C. § 3553(a), and heard argument from counsel
regarding Lara-Valenzuela’s criminal history and drug addiction. See United States
v. Lincoln, 413 F.3d 716, 717-18 (8th Cir. 2005) (Guidelines sentence based on
§ 3553(a) factors is presumptively reasonable), cert. denied, 2005 WL 3067440 (U.S.
Dec. 12, 2005) (No. 05-7506).
Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we have found no nonfrivolous issues. Accordingly, we grant counsel’s
motion to withdraw, and we affirm.
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