United States v. Eric Romero


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED); Granting [3966559-2] motion to withdraw filed by Mr. Kevin M O'Brien. [4022586] [12-2872]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2872 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Eric Phillip Romero lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: April 4, 2013 Filed: April 8, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Eric Romero appeals the sentence the district court1 imposed after he pled guilty to a drug charge. His counsel has moved to withdraw and filed a brief under Anders 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. Appellate Case: 12-2872 Page: 1 Date Filed: 04/08/2013 Entry ID: 4022586 v. California, 386 U.S. 738 (1967), arguing that the district court abused its discretion by imposing a prison term that is greater than necessary and unreasonable. Upon careful review, this court concludes that the district court did not abuse its discretion in sentencing Romero. See United States v. Montgomery, 525 F.3d 627, 629 (8th Cir. 2008) (reviewing sentence under deferential abuse-of-discretion standard). This court independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and found no nonfrivolous issues. Counsel’s motion to withdraw is granted, and the judgment of the district court is affirmed. ______________________________ -2- Appellate Case: 12-2872 Page: 2 Date Filed: 04/08/2013 Entry ID: 4022586

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