
    UNITED STATES of America, Appellee, v. Aurelio LAVARIEGA-DIEGO, also known as Aurelio Lavariega, Appellant.
    No. 03-2807.
    United States Court of Appeals, Eighth Circuit.
    Submitted Dec. 5, 2003.
    Decided Dec. 12, 2003.
    Michael Mills Hobart, U.S. Attorney’s Office, Sioux City, IA, for Plaintiff-Appel-lee.
    Nicholas Drees, Federal Public Defender’s Office, Des Moines, IA, Aurelio Lavar-iega-Diego, pro se, Oakdale, IA, Priscilla Elizabeth Forsyth, Federal Public Defender’s Office, Sioux City, IA, for Defendants Appellant.
    Before BYE, BOWMAN, and MELLOY, Circuit Judges.
   PER CURIAM.

Aurelio Lavariega-Diego challenges the sentence the District Court imposed upon his guilty plea to illegally reentering the United States after deportation following a conviction for aggravated domestic-abuse assault, in violation of 8 U.S.C. § 1326(a)-(b) (2003). On appeal, his counsel has filed a brief and moved to withdraw under An-ders v. California, 386 U.S. 738, 87 S.Ct. 1396,18 L.Ed.2d 493 (1967).

On appeal, counsel argues that the sentence imposed was too harsh, because Lavariego-Diego’s domestic-abuse history-which was the reason the District Court gave for sentencing him at the top of the applicable Guidelines range-was fully accounted for in his criminal history score and in the 16-level increase to his base offense level. This argument fails. Lavariega-Diego’s sentence falls within 8 U.S.C. § 1326(b)’s 20-year maximum, it is within the appropriate Guidelines range, and we will not review the sentence merely because it is at the top of the range. See United States v. Smotherman, 326 F.3d 988, 989 (8th Cir.) (per curiam), cert. denied, - U.S. -, 124 S.Ct. 293, 157 L.Ed.2d 203 (2003) (sentence at top of correct range does not create constitutional infirmity allowing appellate review).

Having found no nonfrivolous issues after reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we affirm. We also grant counsel’s motion to withdraw. 
      
      . The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa.
     