United States v. Efrain Orozco

Filing

PER CURIAM OPINION FILED - THE COURT: Duane Benton, C. Arlen Beam and Michael J. Melloy (UNPUBLISHED); Granting [4037440-2] motion to withdraw as counsel filed by Ms.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

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[Unpublished]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