United States v. Israel Martinez

U.S. Court of Appeals for the Eighth Circuit
United States v. Israel Martinez, 475 F. App'x 638 (8th Cir. 2012)
Bye, Colloton, Gruender, Per Curiam

United States v. Israel Martinez

Opinion

PER CURIAM.

Israel Martinez pleaded guilty to one count of possession with intent to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district court 1 sentenced him to 150 months in prison and 5 years of supervised release. On appeal, Martinez’s counsel has moved 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).

Upon careful review, we conclude that the district court, in sentencing Martinez, committed no procedural error and imposed a substantively reasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (in reviewing sentences, appellate court first ensures that no significant procedural error occurred, then considers substantive reasonableness of sentence under abuse-of-discretion standard, taking into account totality of circumstances; if sentence is within Guidelines range, appellate court may apply presumption of reasonableness).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Israel MARTINEZ, Appellant
Status
Unpublished