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United States v. Hector Vega-Martinez, 16-3774 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-3774 Visitors: 26
Filed: Apr. 26, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-3774 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Hector Vega-Martinez lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: April 21, 2017 Filed: April 26, 2017 [Unpublished] _ Before RILEY, MURPHY, and SHEPHERD, Circuit Judges. _ PER CURIAM. Hector Vega-Martinez directly appeals after he pleaded guilty to identity-t
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                 United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 16-3774
                         ___________________________

                              United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                               Hector Vega-Martinez

                       lllllllllllllllllllll Defendant - Appellant
                                       ____________

                     Appeal from United States District Court
                    for the Northern District of Iowa - Dubuque
                                  ____________

                             Submitted: April 21, 2017
                               Filed: April 26, 2017
                                   [Unpublished]
                                  ____________

Before RILEY, MURPHY, and SHEPHERD, Circuit Judges.
                           ____________

PER CURIAM.

      Hector Vega-Martinez directly appeals after he pleaded guilty to identity-theft
charges, and the district court1 sentenced him to a within-Guidelines-range prison

      1
       The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
term and supervised release with special conditions. On appeal, Vega-Martinez’s
counsel has moved for leave to withdraw, and has filed a brief under Anders v.
California, 
386 U.S. 738
(1967), arguing that the district court plainly erred in
imposing an alcohol ban as a special condition of supervised release.

      Upon careful review, we conclude that the imposition of the unobjected-to
alcohol ban was not plain error. See United States v. Wisecarver, 
644 F.3d 764
, 775
(8th Cir. 2011) (standard of review). Furthermore, we have independently reviewed
the record under Penson v. Ohio, 
488 U.S. 75
(1988), and have found no
non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw,
and we affirm.
                       ______________________________




                                        -2-

Source:  CourtListener

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