EEOC v. Liberal R-II School

1 The Honorable Donald E. O’Brien, United States District Judge for the
Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-2154
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Francisco Javier Martinez-Briseno, * [UNPUBLISHED]
also known as Sabas Figueroa Briceno, *
also known as Francisco Figueroa, *
*
Appellant. *
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Submitted: December 3, 2002
Filed: December 6, 2002
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Before WOLLMAN, FAGG, and LOKEN, Circuit Judges.
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PER CURIAM.
Francisco Martinez-Briseno pleaded guilty to illegal reentry following
deportation, in violation of 8 U.S.C. § 1326(a) and (b), and the district court 1
sentenced him to 77 months of imprisonment and 2 years of supervised release. On
appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738

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(1967), and has filed a brief raising the issues whether Martinez-Briseno admitted at
his guilty-plea hearing each of the elements of the offense, and whether his sentence
was within the applicable Guidelines range, given the facts in the presentence report
(PSR).
Upon careful review, we find that Martinez-Briseno admitted during his guilty-
plea hearing each element of the offense of illegal reentry, and we find no error in the
Guidelines range computed in the PSR and adopted by the district court. Moreover,
following our independent review, see Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues for appeal.
Accordingly, the judgment is affirmed. We also grant counsel’s motion to
withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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