United States v. Angel Cena-Vargas

113 F. App'x 190

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 17, 2004
• Docket: 04-1020
• Status: Unpublished

Opinion

PER CURIAM.

Angel Cena-Vargas appeals from the final judgment entered in the District Court 1 for the Northern District of Iowa upon his guilty plea to illegally reentering the United States after deportation following a conviction for an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court sentenced appellant to 77 months imprisonment and 3 years supervised release. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence was too harsh.

This argument fails, as the sentence falls within § 1326(b)’s 20-year maximum and is at the bottom of the appropriate Guidelines range. See 18 U.S.C. § 3742(a); United States v. Smotherman, 326 F.3d 988, 989 (8th Cir.) (per curiam), cert. denied, 540 U.S. 912, 124 S.Ct. 293, 157 L.Ed.2d 203 (2003). Having found no non-frivolous issues after reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we affirm. We also grant counsel’s motion to withdraw.

1 . The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.