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UNITED STATES of America, Plaintiff-Appellee v. Hector VEGA-MARTINEZ, Defendant-Appellant

United States Court of Appeals for the Eighth Circuit2017-04-26No. No. 16-3774
683 F. App'x 555

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Opinion

majority opinion

PER CURIAM.

Hector Vega-Martinez directly appeals after he pleaded guilty to identity-theft charges, and the district court sentenced him to a within-Guidelines-range prison term and supervised release with special conditions. On appeal, Vega-Martinez’s counsel has moved for leave 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 the district court plainly erred in imposing an alcohol ban as a special condition of supervised release.

Upon careful review, we conclude that the imposition of the unobjected-to alcohol ban was not plain error. See United States v. Wisecarver, 644 F.3d 764, 775 (8th Cir. 2011) (standard of review). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

. The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.