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United States v. Ricardo Barbosa-Huerta, 13-3043 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 13-3043 Visitors: 12
Filed: Feb. 11, 2014
Latest Update: Mar. 02, 2020
Summary: 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District Court for the Western District of Missouri - Joplin _ Submitted: February 7, 2014 Filed: February 11, 2014 [Unpublished] _ Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.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 c
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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                                [Unpublished]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.
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-Guidelines-
range 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-

Source:  CourtListener

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