United States v. Alejandro Lopez-Placencia


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Michael J. Melloy and Bobby E. Shepherd (UNPUBLISHED); Granting [3890090-2] motion to withdraw as counsel, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari, filed by Mr. Robert Charles Marquette. [3970731] [12-1296]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1296 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Alejandro Lopez-Placencia lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: July 13, 2012 Filed: November 2, 2012 [Unpublished] ____________ Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Alejandro Lopez-Placencia pleaded guilty to possessing methamphetamine with intent to distribute. See 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii); 18 U.S.C. § 2. Appellate Case: 12-1296 Page: 1 Date Filed: 11/02/2012 Entry ID: 3970731 Varying downward from the applicable advisory Guidelines range, the district court1 sentenced him to 120 months in prison (the statutory minimum). On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967). We conclude that the district court committed no significant procedural error in sentencing Lopez-Placencia, and that the sentence was substantively reasonable. See United States v. Farmer, 647 F.3d 1175, 1178 (8th Cir. 2011) (describing appellate review); United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003) (only authority to depart from statutory minimum sentence is in 18 U.S.C. § 3553(e) and (f), which apply when government moves for substantial-assistance departure or defendant qualifies for safety-valve relief); see also United States v. Barrera, 562 F.3d 899, 902-03 (8th Cir. 2009) (district court may not adjust defendant’s criminal-history score to provide § 3553(f) relief). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issue. Accordingly, we affirm the judgment of the district court and grant counsel’s motion to withdraw, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. -2- Appellate Case: 12-1296 Page: 2 Date Filed: 11/02/2012 Entry ID: 3970731

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