United States v. Julian Castaneda

Court of Appeals for the Eighth Circuit·Decided February 9, 2007·No. 06-1712·Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 06-1712

United States of America, *

*

Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota.

Julian Castaneda, * * [UNPUBLISHED]

Appellant. *

Submitted: February 2, 2007 Filed: February 9, 2007

Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.

PER CURIAM.

Julian Castaneda appeals the 140-month prison sentence the district court1 imposed following this court’s remand for resentencing under United States v. Booker, 543 U.S. 220 (2005). Counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), in which he seeks leave to withdraw. We conclude the sentence was not unreasonable. See United States v. Bryant, 446 F.3d 1317, 1319 (8th Cir. 2006) (when there is no dispute about applicable Guidelines range, appeals court considers whether sentence imposed is reasonable in light of 18 U.S.C. § 3553(a)

1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota.

factors). Further, after our review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues.

Accordingly, we grant counsel leave to withdraw, and we affirm the sentence.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Sheldon Lynn Bryant
446 F.3d 1317 (Eighth Circuit, 2006)