United States v. Columbus White
Opinion
Columbus White appeals the sentence the district court 1 imposed after he pleaded guilty to a felon-in-possession offense. His counsel seeks leave 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 the within-Guidelines-range sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (if sentence is within Guidelines range, appellate court may apply presumption of reasonableness); United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision). 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 nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw. The judgment is affirmed.
. The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Columbus Lynn WHITE, Defendant-Appellant
- Status
- Unpublished