United States v. Brian Swartz

U.S. Court of Appeals for the Eighth Circuit
United States v. Brian Swartz, 693 F. App'x 467 (8th Cir. 2017)

United States v. Brian Swartz

Opinion

PER CURIAM.

[Unpublished]

Brian Swartz pleaded guilty to conspiring to distribute 500 grams or more of methamphetamine. The district court - 1 determined that his advisory guidelines range was 188 to 235 months in prison, granted the government’s motion for a substantial assistance reduction, and sentenced Swartz to 144 months. He appeals the sentence, and his counsel has submitted a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court erred in denying a mitigating-role reduction, and abused its discretion in denying a downward variance.

After careful review of the record, including Swartz’s admissions of substantial involvément in the conspiracy in the plea agreement, we conclude the district court did not clearly err in denying a mitigating-role reduction, and did not abuse its discretion in declining a further downward departure or variance. We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and find no non-frivolous issues for appeal.

Accordingly, we affirm.

1

. The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa,

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Brian SWARTZ Defendant-Appellant
Status
Unpublished