United States v. Elmer Martinez-Niz

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 25, 2019
• Docket: 18-3516
• Status: Unpublished

Opinion

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Submitted: April 10, 2019 Filed: April 25, 2019 [Unpublished] ____________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