10 United States v. Isaias Perez, (8th Cir. 2010)

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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 10-2116

United States of America, Appellee, Appeal from the United States

v. District Court for the

Northern District of Iowa.

Isaias Perez, [UNPUBLISHED]

Appellant.

Submitted: September 16, 2010

Filed: September 23, 2010

Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

PER CURIAM.

Isaias Perez appeals the 130-month sentence the district court1 imposed upon his guilty plea to two counts of distributing methamphetamine after having previously been convicted of a felony drug offense, in violation of 21U.S.C. §§ 841(a)(1), (b)(1)(B), and 851. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. We conclude that the district court committed no procedural error and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, then considers substantive reasonableness of sentence under abuse-of-discretion standard; if sentence is within applicable Guidelines range, appellate court may apply presumption of reasonableness); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel's motion to withdraw, and we affirm.

1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.

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