United States v. Damien Yarbrough

U.S. Court of Appeals for the Eighth Circuit
United States v. Damien Yarbrough, 434 F. App'x 565 (8th Cir. 2011)

United States v. Damien Yarbrough

Opinion

PER CURIAM.

After Damien Yarbrough pleaded guilty to being a felon in possession of a firearm, the district court 1 sentenced him to 92 months in prison and 3 years of supervised release. Yarbrough appeals, and his counsel has moved to withdraw, submitting a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he argues that the district court abused its discretion by failing to vary downward based on Yarbrough’s youth and newfound desire for positive change.

We conclude Yarbrough has failed to rebut the presumption that his sentence, which falls at the bottom of the advisory Guidelines range, is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Additionally, having conducted careful review of the proceedings under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivo-lous issues for appeal. Accordingly, the judgment of the district court is affirmed, and we grant counsel’s motion to withdraw.

1

. The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Damien L. YARBROUGH, Appellant
Status
Unpublished