Michael Chapman v. Lab One

1The 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. 04-1020
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Angel Cena-Vargas, *
C [Unpublished]
Appellant. *
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Submitted: October 29, 2004
Filed: November 17, 2004
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Before RILEY, McMILLIAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Angel Cena-Vargas appeals from the final judgment entered in the District
Court 1 for the Northern District of Iowa upon his guilty plea to illegally reentering the
United States after deportation following a conviction for an aggravated felony in
violation of 8 U.S.C. § 1326(a) and (b)(2). The district court sentenced appellant to
77 months imprisonment and 3 years supervised release.. On appeal, his counsel has
moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence was too harsh.

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-2-
This argument fails, as the sentence falls within § 1326(b)’s 20-year maximum
and is at the bottom of the appropriate Guidelines range. See 18 U.S.C. § 3742(a);
United States v. Smotherman, 326 F.3d 988, 989 (8th Cir.) (per curiam), cert. denied,
124 S. Ct. 293 (2003). Having found no nonfrivolous issues after reviewing the
record independently under Penson v. Ohio, 488 U.S. 75 (1988), we affirm. We also
grant counsel’s motion to withdraw.
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