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United States v. M. Castillo-Ramirez, 06-1956 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 06-1956 Visitors: 15
Filed: Jun. 13, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-1956 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Marco Antonio Castillo-Ramirez, * * [UNPUBLISHED] Appellant. * _ Submitted: June 7, 2007 Filed: June 13, 2007 _ Before RILEY, MAGILL, and MELLOY, Circuit Judges. _ PER CURIAM. Marco Castillo-Ramirez appeals the 87-month sentence the district court1 imposed upon his guilty plea to conspiring to distribut
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 06-1956
                                   ___________

United States of America,            *
                                     *
           Appellee,                 *
                                     * Appeal from the United States
     v.                              * District Court for the
                                     * District of Nebraska.
Marco Antonio Castillo-Ramirez,      *
                                     *    [UNPUBLISHED]
           Appellant.                *
                                ___________

                             Submitted: June 7, 2007
                                Filed: June 13, 2007
                                 ___________

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

PER CURIAM.

       Marco Castillo-Ramirez appeals the 87-month sentence the district court1
imposed upon his guilty plea to conspiring to distribute and possess with intent to
distribute at least 500 grams of a mixture or substance containing methamphetamine,
in violation of 21 U.S.C. §§ 841(a)(1), (b)(1) and 846. Castillo-Ramirez’s counsel has
moved to withdraw and filed a brief under Anders v. California, 
386 U.S. 738
(1967),
questioning the reasonableness of the sentence, which was at the low end of the
advisory Sentencing Guidelines range.

      1
      The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
        We conclude the sentence is not unreasonable. In determining the sentence, the
district court considered Castillo-Ramirez’s Guidelines imprisonment range, along
with other 18 U.S.C. § 3553(a) factors. See United States v. Booker, 
543 U.S. 220
,
261 (2005) (§ 3553(a) factors will guide reasonableness review). Moreover, nothing
in the record suggests the district court failed to consider a relevant factor that should
have received significant weight, gave significant weight to an improper or irrelevant
factor, or considered only appropriate factors but in weighing those factors committed
a plain error of judgment. See United States v. Haack, 
403 F.3d 997
, 1003-04 (8th
Cir. 2005) (reasonableness of sentence reviewed for abuse of discretion; defining
ways in which abuse of discretion may occur).

       Having reviewed the record under Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we
find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and
we affirm.
                        ______________________________




                                           -2-

Source:  CourtListener

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