United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-1946
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Eduardo Contreras-Flores, *
also known as Carlos Flores, * [UNPUBLISHED]
*
Appellant. *
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Submitted: October 5, 2011
Filed: October 19, 2011
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Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
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PER CURIAM.
Eduardo Contreras-Flores pleaded guilty to illegal reentry after deportation.
See 8 U.S.C. § 1326(a) and (b). The district court1 sentenced him to 77 months in
prison and 2 years of supervised release. His counsel has moved to withdraw and
filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the
sentence is unreasonable. Contreras-Flores has filed a supplemental brief challenging
his sentence and asserting that his trial counsel was ineffective.
1
The Honorable Karen E. Schreier, Chief Judge, United States District Court
for the District of South Dakota.
Contrary to counsel’s and Contreras-Flores’s arguments, we conclude that the
district court committed no procedural error in sentencing Contreras-Flores, and that
the court imposed a substantively reasonable sentence. See United States v.
Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v. Garcia, 512
F.3d 1004, 1006 (8th Cir. 2008). We decline to review Contreras-Flores’s
ineffective-assistance claims in this direct appeal. See United States v. Looking
Cloud, 419 F.3d 781, 788-89 (8th Cir. 2005).
Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we
affirm.
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