United States v. Austin Alexander


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4039004-2] motion to withdraw as counsel filed by Ms. Angela Lorene Pitts. [4084063] [13-1741]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1741 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Austin Adolf Alexander lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: October 2, 2013 Filed: October 9, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Austin Alexander appeals from the thirty-month sentence that the District Court imposed after Alexander pleaded guilty to manufacturing counterfeit currency, 1 1 The Honorable P. K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. Appellate Case: 13-1741 Page: 1 Date Filed: 10/09/2013 Entry ID: 4084063 18 U.S.C. § 471. On appeal, Alexander’s counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Upon careful review, we conclude that the court did not impose an unreasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007) (describing appellate review of sentences under the deferential abuse-of-discretion standard and noting that if a sentence is within the Guidelines range, the appellate court may apply a presumption of reasonableness); see also United States v. Werlein, 664 F.3d 1143, 1146 (8th Cir. 2011) (per curiam) (explaining that if an appellant does not argue that the district court committed procedural error, we proceed directly to a review of the substantive reasonableness of the sentence). We have reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), and we have found no nonfrivolous issues for appeal. Accordingly, we affirm Alexander’s sentence, and we grant counsel leave to withdraw. ______________________________ -2- Appellate Case: 13-1741 Page: 2 Date Filed: 10/09/2013 Entry ID: 4084063

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