253 F. App'x 611

UNITED STATES of America, Appellee, v. Rafael BERNAL-GONZALEZ, Appellant.

No. 06-4031.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 5, 2007.

Filed: Nov. 7, 2007.

Kimberly C. Bunjer, U.S. Attorney’s Office, Omaha, NE, for Appellee.

Jeffrey L. Thomas, Federal Public Defender’s Office, Omaha, NE, for Appellant.

Rafael Bernal-Gonzalez, Lexington, NE, pro se.

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

Rafael Bernal-Gonzalez appeals the 87-month sentence the district court1 imposed upon his guilty plea to a drug offense, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846. Bernal-Gonzalez’s counsel has filed a brief under Anders 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 Bernal-Gonzalez’s sentence, which was imposed at the bottom of the uncontested Guidelines range, is unreasonable.

We review Bernal-Gonzalez’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 Bernal-Gonzalez’s sentence is unreasonable, see United 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.

United States v. Bernal-Gonzalez
253 F. App'x 611

Case Details

Name
United States v. Bernal-Gonzalez
Decision Date
Nov 7, 2007
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253 F. App'x 611

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United States

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