United States v. Robert Johnson

U.S. Court of Appeals for the Eighth Circuit
United States v. Robert Johnson, 546 F. App'x 603 (8th Cir. 2013)

United States v. Robert Johnson

Opinion

PER CURIAM.

Robert Johnson appeals the sentence imposed by the District Court 1 after he pleaded guilty to a drug offense. On appeal, Johnson’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), arguing that the sentence is substantively unreasonable.

Upon careful review, we conclude that Johnson’s within-Guidelines-range sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (standard of review); Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (noting that if a sentence is within the properly calculated Guidelines range, an appellate court may apply a presumption of reasonableness to the sentence). Further, having independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivo-lous issues. Therefore, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable James E. Gritzner, Chief Judge, United States District Court for the Southern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Robert Stanford JOHNSON, Defendant-Appellant
Status
Unpublished