United States v. Robert Johnson


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [4062798-2] motion to withdraw as counsel filed by Mr.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

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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Court for the Southern District of Iowa - Des Moines ____________ Submitted: November 27, 2013 Filed: December 5, 2013 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.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

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