Dorcas Njenga v. Alberto Gonzales

1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3635
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Allende Delgado-Ruiz, also known as * Northern District of Iowa.
Juan Ruiz, *
* [UNPUBLISHED]
Appellant. *
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Submitted: March 7, 2007
Filed: March 15, 2007
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Before RILEY, HANSEN, and MELLOY, Circuit Judges.
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PER CURIAM.
Allende Delgado-Ruiz (Ruiz) appeals the sentence the district court 1 imposed
upon his guilty plea to illegally reentering the United States after having been
removed subsequent to a felony conviction, in violation of 8 U.S.C. § 1326(a) and
(b)(1). The court sentenced Ruiz to 41 months’ imprisonment and 3 years’ supervised
release. Ruiz’s counsel has moved to withdraw and has filed a brief under Anders v.

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California, 386 U.S. 738 (1967), arguing that enhancing Ruiz’s sentence based on
prior convictions (for which he has already been punished) resulted in double
punishment.
We reject this argument. See United States v. Thomas, 930 F.2d 12, 14 (8th
Cir. 1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy
Clause). Further, having reviewed the record independently pursuant to Penson v.
Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant
counsel’s motion to withdraw, and we affirm.
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