U.S. Court of Appeals for the Eighth Circuit, 2008

United States v. ZoAnn Brown

United States v. ZoAnn Brown
U.S. Court of Appeals for the Eighth Circuit · Decided February 4, 2008 · Murphy, Smith, Shepherd
261 F. App'x 915

United States v. ZoAnn Brown

Opinion

PER CURIAM.

ZoAnn Brown appeals the 292-month prison sentence the district court 1 imposed after she pleaded guilty to possessing with intent to distribute 500 grams or more of a methamphetamine mixture containing 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). In a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Brown’s counsel seeks permission to withdraw.

We conclude that Brown’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, in weighing the appropriate factors, made a clear error of judgment. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462-68, 168 L.Ed.2d 203 (2007) (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, conditioned on counsel informing appellant about the procedures for filing a petition for rehearing for certiorari, and we affirm the district court’s judgment.

1

. The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.

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