United States v. Efrain Orozco


PER CURIAM OPINION FILED - THE COURT: Duane Benton, C. Arlen Beam and Michael J. Melloy (UNPUBLISHED); Granting [4037440-2] motion to withdraw as counsel filed by Ms. Erica Mynarich. [4084976] [13-1917]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1917 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Efrain Orozco lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: October 7, 2013 Filed: October 11, 2013 [Unpublished] ____________ Before BENTON, BEAM, and MELLOY, Circuit Judges. ____________ PER CURIAM. In 2011, a jury found Efrain Orozco guilty of possessing with intent to distribute 500 grams or more of a mixture containing cocaine, and possessing with intent to distribute 50 grams or more of a mixture containing cocaine base. He Appellate Case: 13-1917 Page: 1 Date Filed: 10/11/2013 Entry ID: 4084976 appeals the 120-month prison sentence that the district court1 imposed after this court affirmed his conviction, but remanded for resentencing in light of Dorsey v. United States, 132 S. Ct. 2321 (2012). Counsel has requested leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court abused its discretion in failing to grant a greater downward variance based on Orozco’s extraordinary family responsibilities.2 We conclude, however, that the sentence imposed was not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Kendall, 475 F.3d 961, 963-64 (8th Cir. 2007) (discussing resentencing upon remand). Further, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we affirm the judgment, and we grant counsel leave to withdraw. ______________________________ 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. 2 Orozco also sought a downward departure based on the same grounds, but we do not review a district court’s discretionary decision not to grant a downward departure. See United States v. Dixon, 650 F.3d 1080, 1084 (8th Cir. 2011). -2- Appellate Case: 13-1917 Page: 2 Date Filed: 10/11/2013 Entry ID: 4084976

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