U.S. Court of Appeals for the Eighth Circuit, 2013

United States v. Robert Johnson

United States v. Robert Johnson
U.S. Court of Appeals for the Eighth Circuit · Decided December 5, 2013 · Loken, Bowman, Gruender
546 F. App'x 603

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.