United States of America v. Jose Clemente Melchor-Rueda, also known as Francisco Ferniza-Rueda

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3390
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jose Clemente Melchor-Rueda, also known as Francisco Ferniza-Rueda
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: May 17, 2013
Filed: May 29, 2013
[Unpublished]
____________
Before LOKEN, MELLOY, and BENTON, Circuit Judges.
____________
PER CURIAM.
Jose Melchor-Rueda directly appeals the within-Guidelines-range sentence the
district court imposed after he pled guilty to an illegal re-entry offense, in violation1
The Honorable Jimm Larry Hendren, United States District Judge for the1
Western District of Arkansas.

-- 1 of 2 --

of 8 U.S.C. § 1326(a), (b)(2). His counsel has moved to withdraw, and has filed a
brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is
substantively unreasonable.
Upon careful review, this court concludes that the district court did not impose
a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455,
460-62 (8th Cir. 2009) (en banc) (describing appellate review of sentencing
decisions). Having independently reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), this court finds no nonfrivolous issues for appeal. Counsel’s
motion to withdraw is granted and the judgment of the district court is affirmed.
______________________________
-2-

-- 2 of 2 --