United States v. Jonathan Green

U.S. Court of Appeals for the Eighth Circuit
United States v. Jonathan Green, 546 F. App'x 606 (8th Cir. 2013)

United States v. Jonathan Green

Opinion

PER CURIAM.

Jonathan Green directly appeals the above-Guidelines-range sentence the district court 1 imposed after he pleaded guilty to escape from federal custody. His 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 *607 (1967), suggesting that the sentence is substantively unreasonable.

Upon careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Mangum, 625 F.3d 466, 470 (8th Cir. 2010) (upward variance is reasonable where court makes individualized assessment of 18 U.S.C. § 3553(a) factors based on facts presented, and considers defendant’s proffered information). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivo-lous issues.

Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment of the district court.

1

. The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Jonathan M. GREEN, Defendant-Appellant
Status
Unpublished