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United States v. Heron Velez-Paz, 07-2987 (2009)

Court: Court of Appeals for the Eighth Circuit Number: 07-2987 Visitors: 9
Filed: Apr. 29, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2987 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Heron Velez-Paz, * * [UNPUBLISHED] Appellant. * _ Submitted: April 24, 2009 Filed: April 29, 2009 _ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. _ PER CURIAM. After Heron Velez-Paz pleaded guilty to illegal reentry after having been deported following an aggravated-felony conviction, in viol
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 07-2987
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Southern District of Iowa.
Heron Velez-Paz,                        *
                                        * [UNPUBLISHED]
             Appellant.                 *
                                   ___________

                             Submitted: April 24, 2009
                                Filed: April 29, 2009
                                 ___________

Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
                         ___________

PER CURIAM.

       After Heron Velez-Paz pleaded guilty to illegal reentry after having been
deported following an aggravated-felony conviction, in violation of 8 U.S.C.
§ 1326(a), (b)(2), the district court1 sentenced him within the advisory Guidelines
range to 46 months in prison and 2 years of supervised release. On appeal, his counsel
has filed a brief under Anders v. California, 
386 U.S. 738
(1967). For the reasons
discussed below, we affirm.



      1
       The Honorable Robert W. Pratt, Chief Judge, United States District Court for
the Southern District of Iowa.
       Counsel argues that Velez-Paz’s conviction is not supported by sufficient
evidence. We conclude that this argument is foreclosed by Velez-Paz’s unconditional
guilty plea. See United States v. Jennings, 
12 F.3d 836
, 839 (8th Cir. 1994).

      Having reviewed the record independently under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we find no nonfrivolous issues. Accordingly, we affirm the district court’s
judgment.
                       ______________________________




                                         -2-

Source:  CourtListener

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