United States v. Jose Elias ( 2000 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 99-4335
    ___________
    United States of America,                 *
    *
    Appellee,             * Appeal from the United States
    * District Court for the Western
    v.                                  * District of Arkansas.
    *
    Jose Antonio Elias, Jr.,                  *      [UNPUBLISHED]
    *
    Appellant.            *
    ___________
    Submitted: July 5, 2000
    Filed: July 12, 2000
    ___________
    Before McMILLIAN, BRIGHT, and FAGG, Circuit Judges.
    ___________
    PER CURIAM.
    Jose Antonio Elias, Jr. appeals the district court's decision to sentence Elias to
    57 months imprisonment and three years supervised release after he pleaded guilty to
    an illegal re-entry offense, in violation of 8 U.S.C. § 1326. On appeal, counsel filed a
    brief under Anders v. California, 
    386 U.S. 738
    (1967), suggesting the sentence is
    unduly harsh. We affirm.
    Initially, we reject counsel's contention that sentencing Elias at the bottom of a
    Guidelines range to which Elias did not object was cruel and unusual punishment. See
    United States v. Foote, 
    920 F.2d 1395
    , 1401 (8th Cir. 1990) (sentences imposed under
    the Guidelines do not violate Eighth Amendment), cert. denied, 
    500 U.S. 946
    (1991).
    Otherwise, counsel does not raise any other valid basis for review. See 18 U.S.C. §
    3742(a)(1)-(4) (limiting appeals to sentences imposed in violation of law, sentences
    imposed due to incorrect application of Guidelines, sentences above applicable
    Guidelines range, and unreasonable sentences imposed for offenses for which there
    were no Guidelines).
    Having reviewed the record for any nonfrivolous issues and having found none,
    see Penson v. Ohio, 
    488 U.S. 75
    , 80 (1988), we affirm Elias's sentence, grant counsel's
    motion to withdraw, and deny Elias's motion for appointment of new counsel.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 99-4335

Filed Date: 7/12/2000

Precedential Status: Non-Precedential

Modified Date: 10/13/2015