USA v. Carlos D. Dickerson

1 The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3198
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Juan Medina-Viedma, *
* [UNPUBLISHED]
Appellant. *
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Submitted: May 7, 2004
Filed: May 12, 2004
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Before BYE, McMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.
Juan Medina-Viedma (Medina-Viedma) appeals the 71-month sentence the
district court 1 imposed after he pled guilty to illegal reentry after deportation
following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a)
and (b)(2) (2000). Medina-Viedma’s counsel moved to withdraw and filed a brief
under Anders v. California, 386 U.S.738 (1967).

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On appeal, counsel argues the sentence imposed was too harsh and the district
court failed to state a reason for imposing a sentence at the top of the Guidelines
range. These arguments fail. Medina-Viedma’s sentence falls within 8 U.S.C.
§ 1326(b)(2)’s 20-year maximum, it is within the appropriate Guidelines range, and
we will not review the sentence merely because it is at the top of the range, see United
States v. Woodrum, 959 F.2d 100, 101 (8th Cir. 1992), and the district court was not
required to state its reasons for imposing a sentence at a particular point within the
Guidelines range (57 to 71 months), cf. 18 U.S.C. § 3553(c)(1) (requiring sentencing
court to state reasons for imposing sentence at particular point within Guidelines
range where range exceeds 24 months).
After reviewing the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we find no nonfrivolous issues. Accordingly, we affirm the judgment, and
grant counsel’s motion to withdraw.
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