United States v. Rafael Martinez-Ogarrio

PER CURIAM.

Rafael Martinez-Ogarrio (Martinez) appeals the 18-month prison sentence the district court 1

imposed after he pleaded guilty to transporting and attempting to transport illegal aliens within the United States for commercial advantage and private gain, in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii). His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), arguing that Martinez’s sentence is unreasonable.

We conclude that Martinez’s within-Guidelines-range sentence is not unreasonable, because nothing in the record indicates the court overlooked a relevant factor, gave significant weight to an improper factor, or made a clear error of judgment in weighing appropriate factors.

See Rita v. United States, — U.S.-, 127 S.Ct. 2456, 2462-68 , 168 L.Ed.2d 203 (2007) (allowing appellate presumption of reasonableness);

United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir.2005) (reasonableness factors).

After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm the district court’s judgment.

1

. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.