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United States v. Elmer Martinez-Niz, 18-3516 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-3516 Visitors: 34
Filed: Apr. 25, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3516 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Elmer Martinez-Niz lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Sioux City _ Submitted: April 10, 2019 Filed: April 25, 2019 [Unpublished] _ Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges. _ PER CURIAM. Elmer Martinez-Niz, a citizen of Guatemala, pleaded guilty to illegal re-ent
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 18-3516
                         ___________________________

                              United States of America

                         lllllllllllllllllllllPlaintiff - Appellee

                                            v.

                                 Elmer Martinez-Niz

                       lllllllllllllllllllllDefendant - Appellant
                                       ____________

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

                             Submitted: April 10, 2019
                               Filed: April 25, 2019
                                   [Unpublished]
                                  ____________

Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges.
                         ____________

PER CURIAM.

      Elmer Martinez-Niz, a citizen of Guatemala, pleaded guilty to illegal re-entry,
8 U.S.C. § 1326(a), and the District Court1 sentenced him to ten months in prison and


      1
        The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.
one year of supervised release. Martinez-Niz appeals, and his counsel has filed a brief
filed under Anders v. California, 
386 U.S. 738
(1967), challenging the sentence as
unreasonable.

       After review, we have determined that the District Court properly considered
the relevant 18 U.S.C. § 3553(a) sentencing factors and did not abuse its discretion in
imposing sentence. See United States v. David, 
682 F.3d 1074
, 1076–77 (8th Cir.
2012) (standard of review); see also United States v. Callaway, 
762 F.3d 754
, 760 (8th
Cir. 2014) (noting that a sentence within the U.S. Sentencing Guidelines range “is
presumed to be reasonable”).

      We have independently reviewed the record under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), and we have identified no non-frivolous issues for appeal. We grant
counsel’s motion to withdraw and affirm.
                      ______________________________




                                         -2-

Source:  CourtListener

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