United States v. Scott Donald Wiele

1The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4137
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Felix Valerio-Dominguez, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 3, 2007
Filed: October 12, 2007
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Before BYE, RILEY, and MELLOY, Circuit Judges.
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PER CURIAM.
Felix Valerio-Dominguez (Valerio-Dominguez) appeals the 30-month prison
sentence the district court 1 imposed after Valerio-Dominguez pled guilty to (1) re-
entering the United States as a previously deported alien, in violation of 8 U.S.C.
§ 1326; and (2) possessing a firearm as an illegal alien, in violation of 18 U.S.C.
§§ 922(g). In a brief filed under Anders v. California, 386 U.S. 738 (1967), Valerio-
Dominguez’s counsel seeks permission to withdraw.

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We conclude the district court properly calculated Valerio-Dominguez’s
advisory Guidelines sentencing range and the within-Guidelines sentence is not
unreasonable, because nothing in the record suggests the court overlooked a relevant
factor, gave significant weight to an improper factor, or made a clear error of
judgment in imposing the sentence. See Rita v. United States, 127 S. Ct. 2456, 2462-
68 (2007) (allowing appellate presumption of reasonableness for within-Guidelines
sentences); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (declaring the
factors used to review a sentence for reasonableness). After reviewing the record
independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous
issues.
We grant counsel leave to withdraw, and we affirm.
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