United States v. Gaspar Francisco
United States v. Gaspar Francisco
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 17-3703 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gaspar Jose Francisco
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________
Submitted: July 18, 2018 Filed: July 30, 2018 [Unpublished] ____________
Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________
PER CURIAM.
In this direct criminal appeal, Gaspar Francisco challenges the sentence the district court1 imposed after he pleaded guilty to enticing a minor to engage in sexual
1 The Honorable Rebecca Ebinger, United States District Judge for the Southern District of Iowa. activity. His counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable.
After careful review, we conclude that the district court did not impose an unreasonable sentence, as there was no indication that it overlooked a relevant 18 U.S.C. § 3553 factor, or committed a clear error of judgment in weighing relevant factors, see United States v. David, 682 F.3d 1074, 1077 (8th Cir. 2012) (standard of review); United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); and the sentence was within the Guidelines range, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________
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Reference
- Status
- Unpublished