United States v. Austin Alexander

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4039004-2] motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
For the Eighth Circuit
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No. 13-1741
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Austin Adolf Alexander
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: October 2, 2013
Filed: October 9, 2013
[Unpublished]
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Before SMITH, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Austin Alexander appeals from the thirty-month sentence that the District
Court imposed after Alexander pleaded guilty to manufacturing counterfeit currency,
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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.
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Appellate Case: 13-1741

Page: 2

Date Filed: 10/09/2013 Entry ID: 4084063