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United States v. Luis Flores-Dominguez, 07-1717 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 07-1717 Visitors: 28
Filed: Nov. 08, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-1717 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Luis Antonio Flores-Dominguez, * * [UNPUBLISHED] Appellant. * _ Submitted: November 5, 2007 Filed: November 8, 2007 _ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. _ PER CURIAM. Luis Antonio Flores-Dominguez challenges the 120-month prison sentence the district court1 imposed after he pleaded gu
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 07-1717
                                    ___________

United States of America,           *
                                    *
            Appellee,               *
                                    * Appeal from the United States
      v.                            * District Court for the
                                    * District of Nebraska.
Luis Antonio Flores-Dominguez,      *
                                    * [UNPUBLISHED]
            Appellant.              *
                               ___________

                              Submitted: November 5, 2007
                                 Filed: November 8, 2007
                                  ___________

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
                        ___________

PER CURIAM.

       Luis Antonio Flores-Dominguez challenges the 120-month prison sentence the
district court1 imposed after he pleaded guilty to conspiring to distribute 500 grams
or more of a mixture or substance containing methamphetamine in violation of 21
U.S.C. §§ 841(a)(1), (b)(1), and 846. Flores-Dominguez’s counsel has filed a brief
under Anders v. California, 
386 U.S. 738
(1967), arguing that the district court should
have had discretion to sentence Flores-Dominguez below the mandatory minimum
notwithstanding his ineligibility for a safety-valve reduction, and that his sentence is

      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
unreasonable. We conclude that Flores-Dominguez’s sentence is not unreasonable
because 120 months was the statutory minimum. See United States v. Gregg, 
451 F.3d 930
, 937 (8th Cir. 2006); United States v. Chacon, 
330 F.3d 1065
, 1066 (8th Cir.
2003). After reviewing the record independently under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we find no nonfrivolous issues. Accordingly, the judgment of the district
court is affirmed.
                        ______________________________




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Source:  CourtListener

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