United States v. Rene Vargas-Miranda

Eighth Circuit

United States v. Rene Vargas-Miranda

343 F. App'x 152

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 1, 2009

Docket08-3443

StatusUnpublished

This text of 343 F. App'x 152 (United States v. Rene Vargas-Miranda) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Rene Vargas-Miranda, 343 F. App'x 152 (8th Cir. 2009).

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Opinion

PER CURIAM.

Rene Manuel Vargas-Miranda appeals from the 120-month prison sentence the district court 1 imposed after he pled guilty to possessing with intent to distribute 1 kilogram or more of a mixture or substance containing heroin. Counsel has 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 is unreasonable and that the district court erred in not granting Vargas-Miranda safety-valve relief. Specifically, counsel asserts that Vargas-Miranda satisfied U.S.S.G. § 5C1.2’s requirement of truthfully providing the government with information by admitting his involvement in the offense at the plea hearing.

We find no error in the district court’s decision not to grant Vargas-Miranda safety-valve relief. See United States v. Guerra-Cabrera, 477 F.3d 1021, 1025 (8th Cir.2007) (to merit safety-valve treatment, defendant must do more than disclose basic facts of his crime); United States v. Alarcon-Garcia, 327 F.3d 719, 723 (8th Cir.2003) (while defendant seeking safety-valve relief is not obliged to submit to government interview, he takes very dangerous course if he declines to offer himself for debriefing). We also hold that a challenge to the reasonableness of Vargas-Miranda’s prison sentence is precluded, because he was sentenced to the statutory minimum. See 21 U.S.C. § 841(b)(1)(A)® (establishing minimum prison term of 10 years for person convicted of possessing with intent to distribute 1 kilogram or more of mixture or substance containing heroin); United States v. Haivkins, 548 F.3d 1143, 1150 (8th Cir.2008) *154 (reasonableness review does not apply to statutorily mandated sentences), cert. denied, — U.S. -, 129 S.Ct. 2757, 174 L.Ed.2d 264 (2009).

We have reviewed the record independently in accordance with Penson v. Ohio, 488 U.S. 75,109 S.Ct. 346,102 L.Ed.2d 300 (1988), and find no nonfrivolous issues.

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

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

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PER CURIAM.

Rene Manuel Vargas-Miranda appeals from the 120-month prison sentence the district court 1 imposed after he pled guilty to possessing with intent to distribute 1 kilogram or more of a mixture or substance containing heroin. Counsel has 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 is unreasonable and that the district court erred in not granting Vargas-Miranda safety-valve relief. Specifically, counsel asserts that Vargas-Miranda satisfied U.S.S.G. § 5C1.2’s requirement of truthfully providing the government with information by admitting his involvement in the offense at the plea hearing.

We find no error in the district court’s decision not to grant Vargas-Miranda safety-valve relief. See United States v. Guerra-Cabrera, 477 F.3d 1021, 1025 (8th Cir.2007) (to merit safety-valve treatment, defendant must do more than disclose basic facts of his crime); United States v. Alarcon-Garcia, 327 F.3d 719, 723 (8th Cir.2003) (while defendant seeking safety-valve relief is not obliged to submit to government interview, he takes very dangerous course if he declines to offer himself for debriefing). We also hold that a challenge to the reasonableness of Vargas-Miranda’s prison sentence is precluded, because he was sentenced to the statutory minimum. See 21 U.S.C. § 841(b)(1)(A)® (establishing minimum prison term of 10 years for person convicted of possessing with intent to distribute 1 kilogram or more of mixture or substance containing heroin); United States v. Haivkins, 548 F.3d 1143, 1150 (8th Cir.2008) *154 (reasonableness review does not apply to statutorily mandated sentences), cert. denied, — U.S. -, 129 S.Ct. 2757, 174 L.Ed.2d 264 (2009).

We have reviewed the record independently in accordance with Penson v. Ohio, 488 U.S. 75,109 S.Ct. 346,102 L.Ed.2d 300 (1988), and find no nonfrivolous issues.

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

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

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343 F. App'x 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rene-vargas-miranda-ca8-2009.

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