U.S. Court of Appeals for the Eighth Circuit, 2014

United States v. Dwayne Appling

United States v. Dwayne Appling
U.S. Court of Appeals for the Eighth Circuit · Decided October 20, 2014

United States v. Dwayne Appling

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1456 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dwayne Appling lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa, Waterloo ____________ Submitted: October 14, 2014 Filed: October 20, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges. ____________ PER CURIAM.

Dwayne Appling directly appeals the sentences imposed by the district court1 after he pleaded guilty to drug offenses. His counsel has moved to withdraw, and has The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the sentences are unreasonable.

After careful review, we conclude that Appling’s within-Guidelines-range sentences are not unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision). Also, having independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________

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