Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    United States v. Prieto-Loera, 116 F.3d 1489, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    1) Victor Prieto-Loera appealed his 57-month sentence for unlawful re-entry by a deported alien in violation of 8 U.S.C. § 1326 to the United States Court of Appeals for the Tenth Circuit. 2) His counsel filed an Anders brief stating there were no meritorious grounds for appeal. 3) The Court of Appeals agreed with counsel that there were no meritorious grounds for appeal, as Prieto-Loera's sentence was within the guideline range given his offense level and criminal history. The Court granted counsel's request to withdraw and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    United States v. Prieto-Loera, 116 F.3d 1489, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    6 views2 pages
    1) Victor Prieto-Loera appealed his 57-month sentence for unlawful re-entry by a deported alien in violation of 8 U.S.C. § 1326 to the United States Court of Appeals for the Tenth Circuit. 2) His counsel filed an Anders brief stating there were no meritorious grounds for appeal. 3) The Court of Appeals agreed with counsel that there were no meritorious grounds for appeal, as Prieto-Loera's sentence was within the guideline range given his offense level and criminal history. The Court granted counsel's request to withdraw and dismissed the appeal.

    Original Description:

    Filed: 1997-06-27 Precedential Status: Non-Precedential Citations: 116 F.3d 1489 Docket: 96-4160

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Victor Prieto-Loera appealed his 57-month sentence for unlawful re-entry by a deported alien in violation of 8 U.S.C. § 1326 to the United States Court of Appeals for the Tenth Circuit. 2) His counsel filed an Anders brief stating there were no meritorious grounds for appeal. 3) The Court of Appeals agreed with counsel that there were no meritorious grounds for appeal, as Prieto-Loera's sentence was within the guideline range given his offense level and criminal history. The Court granted counsel's request to withdraw and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views2 pages

    United States v. Prieto-Loera, 116 F.3d 1489, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    1) Victor Prieto-Loera appealed his 57-month sentence for unlawful re-entry by a deported alien in violation of 8 U.S.C. § 1326 to the United States Court of Appeals for the Tenth Circuit. 2) His counsel filed an Anders brief stating there were no meritorious grounds for appeal. 3) The Court of Appeals agreed with counsel that there were no meritorious grounds for appeal, as Prieto-Loera's sentence was within the guideline range given his offense level and criminal history. The Court granted counsel's request to withdraw and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    JUN 27 1997

    PATRICK FISHER
    Clerk

    UNITED STATES OF AMERICA,


    Plaintiffs-Appellees,
    v.
    VICTOR MANUEL PRIETO-LOERA,
    aka Manuel Torres-Loera, aka Victor
    Lugo, aka Victor Lua,

    Case No. 96-4160


    (D.C. 96-CR-150)
    (District of Utah)

    Defendant-Appellant.

    ORDER AND JUDGMENT *


    Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.

    After examining the briefs and appellate record, this panel has unanimously
    determined that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore
    ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    *

    Defendant Victor Prieto-Loera appeals a 57-month sentence imposed after a


    plea of guilty to one count of unlawful re-entry by a deported alien, in violation
    of 8 U.S.C. 1326. Mr. Prieto-Loeras counsel filed a brief pursuant to Anders v.
    California, 386 U.S. 738 (1967), stating that, in her opinion, there are no
    meritorious grounds for appeal. This court ordered Mr. Prieto-Loera to respond
    to counsels Anders brief on or before March 7, 1997, and to date, he has failed to
    do so.
    We have engaged in a thorough search of the record and are convinced that
    Mr. Prieto-Loeras counsel has done the same. We agree with counsel that there
    are no meritorious grounds for appeal. According to counsel, Mr. Prieto-Loera
    feels that 57 months is too long of a sentence for the type of crime he
    committed. Aplt.s Br. at 2. Apparently, Congress and the Sentencing
    Commission feel otherwise; Mr. Prieto-Loeras 57-month sentence is within the
    guideline range for his offense level and criminal history category. Accordingly,
    we GRANT counsel leave to withdraw, and DISMISS the appeal. See Penson v.
    Ohio, 488 U.S. 75, 80 (1988). The mandate shall issue forthwith.
    Entered for the Court,
    Robert H. Henry
    Circuit Judge

    You might also like