United States v. Lino Suastegui-Leon

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 1, 2022
• Docket: 22-2744
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2744 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Lino Suastegui-Leon, also known as Santiago Rosario Maldonado

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: November 16, 2022 Filed: December 1, 2022 [Unpublished] ____________

Before LOKEN, MELLOY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Defendant Lino Suastegui-Leon pleaded guilty to unlawful use and possession of an identification document and misuse of a Social Security number. His counsel requested a sentence of time-served. The district court1 imposed a sentence of time served plus supervised release.

Counsel moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the term of incarceration. Because Suastegui-Leon appeals only the term of incarceration that his counsel requested and the district court imposed, there are no grounds for relief. See United States v. Campbell, 764 F.3d 874, 879 (8th Cir. 2014) (“Whether couched as invited error or more generally as a waiver, the result is the same—this court will not conduct plain-error review.”).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and having found no non-frivolous issues for appeal, we affirm the judgment of the district court.2

STRAS, Circuit Judge, concurring in part and dissenting in part.

To the extent Suastegui-Leon challenges the length of a now-expired term of imprisonment, we cannot grant him any relief. See United States v. Juvenile Male, 564 U.S. 932, 936–37 (2011) (per curiam); Owen v. United States, 930 F.3d 989, 990–91 (8th Cir. 2019). The issue is moot, in other words, which means we cannot decide it. See Owen, 930 F.3d at 990–91. ______________________________

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. 2 We grant counsel’s pending motion to withdraw.