Charity Wierman v. Casey's General Stores

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-3616
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Lucio Adonay Melendez, also known *
as Lucio Adona Melendez-Villatoro, * [UNPUBLISHED]
also known as Jucio Adonay Melendez, *
also known as Steven Sanchez, *
*
Appellant. *
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Submitted: March 14, 2011
Filed: March 16, 2011
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Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Lucio Adonay Melendez appeals the sentence the district court 1 imposed after
he pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a).
Counsel has moved to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967).
1The Honorable Ralph R. Erickson, Chief Judge, United States District Court
for the District of North Dakota.

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Contrary to counsel’s arguments, we conclude that the district court committed
no procedural error in sentencing Melendez, and that the court imposed a
substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007)
(in reviewing sentence, appellate court first ensures that district court committed no
significant procedural error, and then considers substantive reasonableness of sentence
under abuse-of-discretion standard); United States v. Haack, 403 F.3d 997, 1004 (8th
Cir. 2005) (describing ways in which court might abuse its discretion at sentencing).
Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we have found no nonfrivolous issues. Accordingly, we grant counsel leave
to withdraw, and we affirm.
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