Tactical Stop-Loss, LLC v. Travelers Casualty and Surety

1The HONORABLE JIMM LARRY HENDREN, Chief Judge, United States
District Court for the Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 11-1442
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Arkansas.
*
Binicio Almaguer-Compean, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: September 1, 2011
Filed: September 6, 2011
___________
Before LOKEN, BYE, and COLLOTON, Circuit Judges.
___________
PER CURIAM.
Binicio Almaguer-Compean pleaded guilty to illegally re-entering the United
States after being deported following the commission of an aggravated felony, in
violation of 8 U.S.C. § 1326(a), (b)(2). The district court 1 imposed a sentence of 41
months in prison and three years of supervised release. Almaguer appeals. His
counsel has moved to withdraw, and in a brief filed under Anders v. California, 386
U.S. 738 (1967), he argues that the district court abused its discretion in imposing a
substantively unreasonable sentence by not varying downward.

-- 1 of 2 --

-2-
Almaguer has failed to rebut the presumption that his sentence, which falls at
the bottom of the advisory Guidelines range, is not substantively unreasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Feemster, 572 F.3d
455, 461 (8th Cir. 2009) (en banc). Additionally, having reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, the
judgment of the district court is affirmed, and we grant counsel’s motion to withdraw.
______________________________

-- 2 of 2 --