United States of America v. Jorge Tiazan-Santiago

United States Court of Appeals
For the Eighth Circuit
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No. 12-1973
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jorge Tiazan-Santiago
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: September 4, 2012
Filed: September 4, 2012
[Unpublished]
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Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Jorge Tiazan-Santiago pleaded guilty to unlawfully entering the United States
after having been twice deported, and following a conviction for an aggravated

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felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court sentenced1
him to 24 months in prison and 3 years of supervised release. Counsel has moved to
withdraw, and in a brief filed under Anders v. California, 386 U.S. 738 (1967), he
argues that the sentence is unreasonable, because 18 U.S.C. § 3553(a) prohibits
sentences greater than necessary to sufficiently comply with the purposes of the
statutory sentencing factors.
After careful review, we conclude that the district court did not abuse its
discretion in imposing the 24-month sentence, which falls at the very bottom of the
uncontested advisory Guidelines range: we give the sentence a presumption of
reasonableness, and counsel suggests nothing to rebut the presumption. See United
States v. Franik, 2012 WL 3155971, at *2 (8th Cir. Aug. 6, 2012); United States v.
Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Further, having reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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The Honorable Richard E. Dorr, United States District Judge for the Western1
District of Missouri.
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