United States v. Gerardo Morales-Ramirez

Court of Appeals for the Eighth Circuit·Decided April 17, 2026·No. 25-3233·Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit

No. 25-3233

United States of America

Plaintiff - Appellee

v.

Gerardo Morales-Ramirez

Defendant - Appellant

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

Submitted: April 14, 2026 Filed: April 17, 2026

[Unpublished]

Before LOKEN, SMITH, and BENTON, Circuit Judges.

PER CURIAM.

Gerardo Morales-Ramirez appeals the sentence imposed by the district court 1 after he pled guilty to being a felon found after illegal reentry. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386

1 The Honorable Leonard T. Strand, United States District Judge for the Northern District of Iowa.

U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful review, this court concludes the district court did not abuse its discretion in sentencing Morales-Ramirez. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (standard of review); United States v. Miner, 544 F.3d 930, 932 (8th Cir. 2008) (presuming sentence within United States Sentencing Guidelines Manual range is reasonable). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), this court finds no nonfrivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted.

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Related

Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Miner
544 F.3d 930 (Eighth Circuit, 2008)
United States v. Feemster
572 F.3d 455 (Eighth Circuit, 2009)