Filed: Sep. 01, 2009
Latest Update: Apr. 11, 2017
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-3443 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Rene Manuel Vargas-Miranda, * * [UNPUBLISHED] Appellant. * _ Submitted: August 28, 2009 Filed: September 1, 2009 _ Before BYE, BOWMAN, and BENTON, Circuit Judges. _ PER CURIAM. Rene Manuel Vargas-Miranda appeals from the 120-month prison sentence the district court1 imposed after he pled guilty to posse
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-3443 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Rene Manuel Vargas-Miranda, * * [UNPUBLISHED] Appellant. * _ Submitted: August 28, 2009 Filed: September 1, 2009 _ Before BYE, BOWMAN, and BENTON, Circuit Judges. _ PER CURIAM. Rene Manuel Vargas-Miranda appeals from the 120-month prison sentence the district court1 imposed after he pled guilty to posses..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 08-3443
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Rene Manuel Vargas-Miranda, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: August 28, 2009
Filed: September 1, 2009
___________
Before BYE, BOWMAN, and BENTON, Circuit Judges.
___________
PER CURIAM.
Rene Manuel Vargas-Miranda appeals from the 120-month prison sentence the
district court1 imposed after he pled guilty to possessing with intent to distribute 1
kilogram or more of a mixture or substance containing heroin. Counsel has filed a
brief under Anders v. California,
386 U.S. 738 (1967), arguing that the sentence is
unreasonable and that the district court erred in not granting Vargas-Miranda safety-
valve relief. Specifically, counsel asserts that Vargas-Miranda satisfied U.S.S.G.
1
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
§ 5C1.2’s requirement of truthfully providing the government with information by
admitting his involvement in the offense at the plea hearing.
We find no error in the district court’s decision not to grant Vargas-Miranda
safety-valve relief. See United States v. Guerra-Cabrera,
477 F.3d 1021, 1025 (8th
Cir. 2007) (to merit safety-valve treatment, defendant must do more than disclose
basic facts of his crime); United States v. Alarcon-Garcia,
327 F.3d 719, 723 (8th Cir.
2003) (while defendant seeking safety-valve relief is not obliged to submit to
government interview, he takes very dangerous course if he declines to offer himself
for debriefing). We also hold that a challenge to the reasonableness of Vargas-
Miranda’s prison sentence is precluded, because he was sentenced to the statutory
minimum. See 21 U.S.C. § 841(b)(1)(A)(i) (establishing minimum prison term of 10
years for person convicted of possessing with intent to distribute 1 kilogram or more
of mixture or substance containing heroin); United States v. Hawkins,
548 F.3d 1143,
1150 (8th Cir. 2008) (reasonableness review does not apply to statutorily mandated
sentences), cert. denied,
129 S. Ct. 2757 (2009).
We have reviewed the record independently in accordance with Penson v. Ohio,
488 U.S. 75 (1988), and find no nonfrivolous issues.
Accordingly, we grant counsel leave to withdraw, and we affirm.
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