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United States v. Hugo Segura-Gomez, 05-1354 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 05-1354 Visitors: 40
Filed: Apr. 19, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1354 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Hugo Segura-Gomez, * [UNPUBLISHED] * Appellant. * _ Submitted: April 18, 2006 Filed: April 19, 2006 _ Before MELLOY, FAGG, and BENTON, Circuit Judges. _ PER CURIAM. Hugo Segura-Gomez appeals the 120-month prison sentence the district court* imposed after Segura-Gomez pleaded guilty to a drug-conspiracy
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-1354
                                    ___________

United States of America,                *
                                         *
                   Appellee,             * Appeal from the United States
                                         * District Court for the District
      v.                                 * of Nebraska.
                                         *
Hugo Segura-Gomez,                       *      [UNPUBLISHED]
                                         *
                   Appellant.            *
                                    ___________

                               Submitted: April 18, 2006
                                  Filed: April 19, 2006
                                   ___________

Before MELLOY, FAGG, and BENTON, Circuit Judges.
                           ___________

PER CURIAM.

      Hugo Segura-Gomez appeals the 120-month prison sentence the district court*
imposed after Segura-Gomez pleaded guilty to a drug-conspiracy charge. On appeal,
counsel has moved to withdraw and has filed a brief under Anders v. California, 
386 U.S. 738
(1967).

       To the extent the Anders brief can be read to challenge the imposition of a
statutory mandatory minimum sentence, Gomez’s argument fails. See United States

      *
        The Honorable Joseph F. Bataillon, Chief Judge, United States District Court
for the District of Nebraska.
v. Chacon, 
330 F.3d 1065
, 1066 (8th Cir. 2003) (sole authority for district court to
depart from statutory minimum sentence is found in 18 U.S.C. § 3553(e) and (f),
which apply only when government makes motion for substantial assistance or
defendant qualifies for safety-valve relief); United States v. Mendoza, 
876 F.2d 639
,
641 (8th Cir. 1989) (mandatory minimum sentencing does not violate defendant’s
constitutional rights).

      Having reviewed the record under Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we
conclude there are no nonfrivolous issues. Accordingly, we affirm the district court’s
judgment and grant counsel leave to withdraw.
                       ______________________________




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Source:  CourtListener

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