United States v. Javier Lopez

Filing

PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, PASCO M. BOWMAN and DUANE BENTON (UNPUBLISHED); granting [3849605-2] motion to withdraw as counsel filed by Mr. J. Michael Mayer. [3873204] [11-2929]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 11-2929
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United States of America,

*
*
Appellee,
*
* Appeal from the United States
v.
* District Court for the
* Southern District of Iowa.
Javier Serrano Lopez, also known as
*
Omar Osuna Tapia, also known as
*
[UNPUBLISHED]
Javier Delfino Ojeda,
*
*
Appellant.
*
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Submitted: January 26, 2012
Filed: January 26, 2012
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Before LOKEN, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Javier Serrano Lopez entered an unconditional guilty plea to a charge that he
conspired to distribute at least 500 grams of a mixture and substance containing
methamphetamine and at least 50 grams of methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. The district court1 sentenced Lopez to
serve 168 months in prison and 5 years of supervised release, and this appeal

1

The Honorable John A. Jarvey, United States District Judge for the Southern
District of Iowa.

Appellate Case: 11-2929

Page: 1

Date Filed: 01/26/2012 Entry ID: 3873204

followed. Counsel seeks leave to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable. Lopez has
not filed a supplemental brief.
The court did not impose an unreasonable sentence. The sentence falls at the
lowest point of the advisory Guidelines range that applied in this case, and Lopez has
not rebutted the resulting presumption of reasonableness. See United States v.
Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v. SicarosQuintero, 557 F.3d 579, 583 (8th Cir. 2009). Further, after conducting our review of
the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous
issue. Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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Appellate Case: 11-2929

Page: 2

Date Filed: 01/26/2012 Entry ID: 3873204