Filed: Apr. 10, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-3355 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Noe Hernandez-Romero, * * [UNPUBLISHED] Appellant. * _ Submitted: March 31, 2009 Filed: April 10, 2009 _ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. _ PER CURIAM. Noe Hernandez-Romero pleaded guilty to conspiring to distribute at least 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 8
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-3355 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Noe Hernandez-Romero, * * [UNPUBLISHED] Appellant. * _ Submitted: March 31, 2009 Filed: April 10, 2009 _ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. _ PER CURIAM. Noe Hernandez-Romero pleaded guilty to conspiring to distribute at least 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 84..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-3355
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Noe Hernandez-Romero, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: March 31, 2009
Filed: April 10, 2009
___________
Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Noe Hernandez-Romero pleaded guilty to conspiring to distribute at least 500
grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846.
The district court1 imposed a 70-month prison term and 5 years of supervised release.
On appeal, Hernandez-Romero’s counsel has moved to withdraw and has filed a brief
under Anders v. California,
386 U.S. 738 (1967), arguing that the prison sentence is
unreasonable.
1
The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
We conclude that the sentence, which was at the bottom of the advisory
Guidelines range, is not unreasonable. See Rita v. United States,
127 S. Ct. 2456,
2462 (2007); United States v. Lincoln,
413 F.3d 716, 717-18 (8th Cir. 2005). The
district court considered relevant factors under 18 U.S.C. § 3553(a), and nothing in
the record suggests that the court misapplied those factors. See United States v.
Haack,
403 F.3d 997, 1004 (8th Cir. 2005).
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, and we grant counsel leave to withdraw on condition that counsel inform
appellant about the procedures for filing petitions for rehearing and for certiorari.
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