U.S. v. SALAS-CASTRO, 258 Fed.Appx. 59 (8th Cir. 2007)
UNITED STATES of America, Appellee, v. Rigoberto SALAS-CASTRO,Appellant.
No. 07-1146.United States Court of Appeals, Eighth Circuit.Submitted: November 13, 2007.
Filed: November 15, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Western District of Arkansas.
Charles E. Smith, Assistant U.S. Attorney, U.S. Attorney's Office, Fort Smith, AR, for Appellee.
Rigoberto Salas-Castro, Adelanto, CA, pro se.
Before BYE, RILEY, and MELLOY, Circuit Judges.
[UNPUBLISHED]
PER CURIAM.
Rigoberto Salas-Castro appeals the sentence imposed by the district court[fn1] after he pleaded guilty to an immigration charge, in violation of 8 U.S.C. § 1326(a)Page 60
and (b)(2), 6 U.S.C. § 202(3) and (4), and6 U.S.C. § 557. Salas-Castro's counsel has filed a brief underAnders v. California, 386 U.S. 738, 87 S.Ct. 1396,18 L.Ed.2d 493 (1967), and moves to withdraw. For reversal, he argues that Salas-Castro's sentence, which was imposed at the bottom of the uncontested Guidelines range, is unreasonable.
We review Salas-Castro's sentence for reasonableness, and given that it falls within the advisory Guidelines range, it is presumptively reasonable. See Rita v. United States, ___ U.S. ___, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007) (discussing presumption). We see no basis in the record for concluding that Salas-Castro's sentence is unreasonable, seeUnited States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (factors); and further, after reviewing the record independently under Penson v. Ohio, 488 U.S. 75,109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm, and we grant counsel leave to withdraw.
[fn1] The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.