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United States v. Jose Cuautle-Robles, 07-3326 (2008)

Court: Court of Appeals for the Eighth Circuit Number: 07-3326 Visitors: 18
Filed: Feb. 25, 2008
Latest Update: Apr. 11, 2017
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-3326 _ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Jose Tomas Cuautle-Robles, * Western District of Missouri. * Appellant. * [UNPUBLISHED] _ Submitted: February 21, 2008 Filed: February 25, 2008 _ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges. _ PER CURIAM. Jose Tomas Cuautle-Robles appeals the 15-month prison sentence the district 1 court imposed after he pleaded guil
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 07-3326
                                   ___________

United States of America,               *
                                        *
              Appellee,                 *
                                        *
         v.                             * Appeal from the United States
                                        * District Court for the
Jose Tomas Cuautle-Robles,              * Western District of Missouri.
                                        *
              Appellant.                * [UNPUBLISHED]
                                   ___________

                             Submitted: February 21, 2008
                                 Filed: February 25, 2008
                                 ___________

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.
                           ___________

PER CURIAM.

       Jose Tomas Cuautle-Robles appeals the 15-month prison sentence the district
     1
court imposed after he pleaded guilty to aiding and abetting the transportation of
illegal aliens within the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii),
(A)(v)(II), and (B)(ii). His counsel has moved to withdraw and filed a brief under
Anders v. California, 
386 U.S. 738
 (1967). For the following reasons, we affirm.




         1
        The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
       First, the district court did not clearly err in denying Cuautle-Robles’s request
for a mitigating-role reduction because he failed to prove he played a minimal or
minor role in the offense; instead, he admitted to knowingly aiding others in
transporting illegal aliens and keeping track of payments for the trip. See United
States v. Godinez, 
474 F.3d 1039
, 1042 (8th Cir. 2007) (standard of review; defendant
bears burden to prove he played minor role).

       Second, we conclude that Cuautle-Robles’s within-Guidelines-range sentence
is not unreasonable: nothing in the record indicates the district court overlooked a
relevant factor, gave significant weight to an improper factor, or made a clear error of
judgment in weighing appropriate factors. See Rita v. United States, 
127 S. Ct. 2456
,
2462-68 (2007); United States v. Haack, 
403 F.3d 997
, 1003-04 (8th Cir. 2005).

      After reviewing the record independently under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to
withdraw, and we affirm the district court’s judgment.
                      ______________________________




                                          -2-

Source:  CourtListener

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