United States v. Israel Martinez


PER CURIAM OPINION FILED - THE COURT: KERMIT E. BYE, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED); Granting [3891317-2] motion to withdraw as counsel filed by Mr. Mark F. Hampton. [3930099] [12-1350]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 12-1350 ___________ United States of America, Appellee, v. Israel Martinez, Appellant. * * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: July 3, 2012 Filed: July 10, 2012 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Israel Martinez pleaded guilty to one count of possession with intent to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district court1 sentenced him to 150 months in prison and 5 years of supervised release. On appeal, Martinez’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). 1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas. Appellate Case: 12-1350 Page: 1 Date Filed: 07/10/2012 Entry ID: 3930099 Upon careful review, we conclude that the district court, in sentencing Martinez, committed no procedural error and imposed a substantively reasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (in reviewing sentences, appellate court first ensures that no significant procedural error occurred, then considers substantive reasonableness of sentence under abuse-ofdiscretion standard, taking into account totality of circumstances; if sentence is within Guidelines range, appellate court may apply presumption of reasonableness). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issue for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm. _____________________________ -2- Appellate Case: 12-1350 Page: 2 Date Filed: 07/10/2012 Entry ID: 3930099

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