United States v. Joseph Mulherin

Filing 920110112

Opinion

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2794 ___________ United States of America, Appellee, v. Joseph Mulherin, Appellant. * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * [UNPUBLISHED] * * ___________ Submitted: December 29, 2010 Filed: January 12, 2011 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Joseph Mulherin appeals the sentence the district court1 imposed after he pleaded guilty to producing child pornography in violation of 18 U.S.C. 2251. Counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable. After carefully reviewing the record, we conclude that the district court did not abuse its discretion. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas. 1 (en banc) (standard of review). The court did not commit any procedural error, see id. (describing factors that demonstrate procedural error), and we find nothing indicating that the sentence is substantively unreasonable, see United States v. Watson, 480 F.3d 1175, 1177 (8th Cir. 2007) (circumstances where court abuses its discretion, resulting in unreasonable sentence). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel's motion to withdraw. ______________________________ -2-

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