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United States v. Franklin Mendez Alvarado
685 F. App'x 506
| 8th Cir. | 2017
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*1 Before LOKEN, MURPHY, and BENTON, Circuit Judges.

____________

PER CURIAM.

Franklin Alberto Mendez Alvarado pled guilty to illegally re-entering the United States as a previously deported alien, subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). His counsel has moved to withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967), challenging his sentence, suggesting that an error under Federal Rule of Criminal *2 Procedure 11(b)(1)(B) occurred during the change-of-plea hearing, and asserting that the district court [1] did not use the correct Guidelines Manual for sentencing purposes. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful review, this court concludes that the issues raised by counsel lack merit . See United States v. Dominguez Benitez , 542 U.S. 74, 76 (2004) (plain-error standard applies where Rule 11 error was not preserved by timely objection; defendant must show that, but for such error, he would not have entered plea); U.S.S.G. § 1B1.11 (court shall use Guidelines Manual in effect on date defendant is sentenced, unless that edition violates ex post facto clause). Having independently reviewed the record pursuant to Penson v. Ohio , 488 U.S. 75 (1988), this court finds no non- frivolous issues for appeal.

The judgment is affirmed, and counsel’s motion to withdraw is granted.

______________________________

[1] The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. -2-

Case Details

Case Name: United States v. Franklin Mendez Alvarado
Court Name: Court of Appeals for the Eighth Circuit
Date Published: May 15, 2017
Citation: 685 F. App'x 506
Docket Number: 16-3648
Court Abbreviation: 8th Cir.
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