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 Luis Antonio Flores-Dominguez, * * [UNPUBLISHED] Appellant.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
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 Luis Antonio Flores-Dominguez, * * [UNPUBLISHED] Appellant.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 gui..
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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* [UNPUBLISHED]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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