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United States v. R. Camacho-Carranza, 06-3594 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 06-3594 Visitors: 54
Filed: Jul. 31, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-3594 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Rigoberto Camacho-Carranza, * also known as Mario Rodrigo-Reyes, * [UNPUBLISHED] * Appellant. * _ Submitted: July 26, 2007 Filed: July 31, 2007 _ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. _ PER CURIAM. Rigoberto Camacho-Carranza pleaded guilty to illegally reentering the United States aft
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 06-3594
                                   ___________

United States of America,           *
                                    *
            Appellee,               *
                                    * Appeal from the United States
      v.                            * District Court for the Northern
                                    * District of Iowa.
Rigoberto Camacho-Carranza,         *
also known as Mario Rodrigo-Reyes,  *      [UNPUBLISHED]
                                    *
            Appellant.              *
                               ___________

                             Submitted: July 26, 2007
                                Filed: July 31, 2007
                                 ___________

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
                            ___________

PER CURIAM.

       Rigoberto Camacho-Carranza pleaded guilty to illegally reentering the United
States after having been deported following a conviction for a felony, in violation of
8 U.S.C. § 1326(a) and (b)(1). The district court1 sentenced him to 21 months in
prison and 3 years of supervised release.




      1
       The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
      On appeal, Camacho-Carranza’s counsel has moved to withdraw and has filed
a brief under Anders v. California, 
386 U.S. 738
(1967). For reversal, counsel
suggests that the district court erred in not crediting Camacho-Carranza for time he
had served in state and immigration custody. This argument fails. See United States
v. Iversen, 
90 F.3d 1340
, 1344-45 (8th Cir. 1996) (district court does not have
authority to credit defendant for time served; such claim should be presented in first
instance to Bureau of Prisons). We have also reviewed the record independently for
any nonfrivolous issues, see Penson v. Ohio, 
488 U.S. 75
, 80 (1988), and we have
found none.

      Accordingly, we affirm. We also grant counsel’s motion to withdraw.
                     ______________________________




                                         -2-

Source:  CourtListener

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