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United States v. J. Tello-Martinez, 07-2638 (2008)

Court: Court of Appeals for the Eighth Circuit Number: 07-2638 Visitors: 18
Filed: Jun. 06, 2008
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2638 _ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the J. Jesus Tello-Martinez * Western District of Missouri. * Appellant. * [UNPUBLISHED] _ Submitted: June 3, 2008 Filed: June 6, 2008 _ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges. _ PER CURIAM. J. Jesus Tello-Martinez appeals the 77-month prison sentence the district court1 imposed after he pleaded guilty to being an a
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 07-2638
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         *
      v.                                 * Appeal from the United States
                                         * District Court for the
J. Jesus Tello-Martinez                  * Western District of Missouri.
                                         *
             Appellant.                  * [UNPUBLISHED]
                                    ___________

                              Submitted: June 3, 2008
                                 Filed: June 6, 2008
                                  ___________

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

PER CURIAM.

       J. Jesus Tello-Martinez appeals the 77-month prison sentence the district court1
imposed after he pleaded guilty to being an alien found unlawfully present in the
United States after having been previously removed, in violation of 8 U.S.C.
§ 1326(a), (b)(2). His counsel has moved to withdraw and filed a brief under Anders
v. California, 
386 U.S. 738
(1967), arguing that the sentence is unreasonable.




      1
       The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District
Court for the Western District of Missouri.
      We conclude that the within-Guidelines-range sentence is not unreasonable,
because 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) (allowing appellate presumption of reasonableness); United States v. Haack,
403 F.3d 997
, 1003-04 (8th Cir. 2005) (reasonableness factors).

      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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