United States v. Robert Johnson

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [4062798-2] motion to withdraw as counsel filed by Mr. John P. Messina. [4102484] [13-2453]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2453
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Robert Stanford Johnson
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: November 27, 2013
Filed: December 5, 2013
[Unpublished]
____________
Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
Robert Johnson appeals the sentence imposed by the District Court1 after he
pleaded guilty to a drug offense. On appeal, Johnson’s counsel has moved to
1

The Honorable James E. Gritzner, Chief Judge, United States District Court
for the Southern District of Iowa.

Appellate Case: 13-2453

Page: 1

Date Filed: 12/05/2013 Entry ID: 4102484

withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence is substantively unreasonable.
Upon careful review, we conclude that Johnson’s within-Guidelines-range
sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d
455, 461 (8th Cir. 2009) (en banc) (standard of review); Gall v. United States, 552
U.S. 38, 51 (2007) (noting that if a sentence is within the properly calculated
Guidelines range, an appellate court may apply a presumption of reasonableness to
the sentence). Further, having independently reviewed the record in accordance with
Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Therefore,
we grant counsel’s motion to withdraw, and we affirm.
______________________________

-2-

Appellate Case: 13-2453

Page: 2

Date Filed: 12/05/2013 Entry ID: 4102484