United States of America v. Elmer Martinez-Niz

United States Court of Appeals
For the Eighth Circuit
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No. 18-3516
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Elmer Martinez-Niz
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: April 10, 2019
Filed: April 25, 2019
[Unpublished]
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Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.
Elmer Martinez-Niz, a citizen of Guatemala, pleaded guilty to illegal re-entry,
8 U.S.C. § 1326(a), and the District Court 1 sentenced him to ten months in prison and
1The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.

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one year of supervised release. Martinez-Niz appeals, and his counsel has filed a brief
filed under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as
unreasonable.
After review, we have determined that the District Court properly considered
the relevant 18 U.S.C. § 3553(a) sentencing factors and did not abuse its discretion in
imposing sentence. See United States v. David, 682 F.3d 1074, 1076–77 (8th Cir.
2012) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760 (8th
Cir. 2014) (noting that a sentence within the U.S. Sentencing Guidelines range “is
presumed to be reasonable”).
We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75,
80 (1988), and we have identified no non-frivolous issues for appeal. We grant
counsel’s motion to withdraw and affirm.
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