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United States v. F. Valerio-Dominguez, 05-4137 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 05-4137 Visitors: 25
Filed: Oct. 12, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-4137 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Felix Valerio-Dominguez, * * [UNPUBLISHED] Appellant. * _ Submitted: October 3, 2007 Filed: October 12, 2007 _ Before BYE, RILEY, and MELLOY, Circuit Judges. _ PER CURIAM. Felix Valerio-Dominguez (Valerio-Dominguez) appeals the 30-month prison sentence the district court1 imposed after Valerio-D
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 05-4137
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Western District of Arkansas.
Felix Valerio-Dominguez,                *
                                        *      [UNPUBLISHED]
             Appellant.                 *
                                   ___________

                             Submitted: October 3, 2007
                                Filed: October 12, 2007
                                 ___________

Before BYE, RILEY, and MELLOY, Circuit Judges.
                            ___________

PER CURIAM.

       Felix Valerio-Dominguez (Valerio-Dominguez) appeals the 30-month prison
sentence the district court1 imposed after Valerio-Dominguez pled guilty to (1) re-
entering the United States as a previously deported alien, in violation of 8 U.S.C.
§ 1326; and (2) possessing a firearm as an illegal alien, in violation of 18 U.S.C.
§§ 922(g). In a brief filed under Anders v. California, 
386 U.S. 738
(1967), Valerio-
Dominguez’s counsel seeks permission to withdraw.



      1
        The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
       We conclude the district court properly calculated Valerio-Dominguez’s
advisory Guidelines sentencing range and the within-Guidelines sentence is not
unreasonable, because nothing in the record suggests the court overlooked a relevant
factor, gave significant weight to an improper factor, or made a clear error of
judgment in imposing the sentence. See Rita v. United States, 
127 S. Ct. 2456
, 2462-
68 (2007) (allowing appellate presumption of reasonableness for within-Guidelines
sentences); United States v. Haack, 
403 F.3d 997
, 1004 (8th Cir. 2005) (declaring the
factors used to review a sentence for reasonableness). After reviewing the record
independently under Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we find no nonfrivolous
issues.

      We grant counsel leave to withdraw, and we affirm.
                     ______________________________




                                         -2-

Source:  CourtListener

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