United States v. Gustavo Gutierrez Hernandez
United States v. Gustavo Gutierrez Hernandez
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 18-1171 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gustavo Gutierrez Hernandez, also known as Gustavo Hernandez Gutierrez, also known as Gustavo Hernandez-Gutierrez
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Southern District of Iowa - Davenport ____________
Submitted: November 5, 2018 Filed: November 13, 2018 [Unpublished] ____________
Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________
PER CURIAM. Gustavo Gutierrez Hernandez directly appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively 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(a) factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); and the sentence was below the Guidelines range, see United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________
1 The Honorable Rebecca Ebinger, United States District Judge for the Southern District of Iowa.
-2-
Reference
- Status
- Unpublished