United States v. James Trice


PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Steven M. Colloton and Duane Benton (UNPUBLISHED); Granting [4091315-2] motion to withdraw as counsel, subject to counsel informing the appellant of the procedures for seeking rehearing or filing a petition for certiorari. [4148298] [13-3006]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3006 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. James Thomas Trice, also known as Jay, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: March 26, 2014 Filed: April 29, 2014 [Unpublished] ____________ Before MURPHY, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. James Trice directly appeals after he pleaded guilty to a drug-conspiracy charge and the district court1 varied downward to impose a sentence below the calculated 1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas. Appellate Case: 13-3006 Page: 1 Date Filed: 04/29/2014 Entry ID: 4148298 Guidelines range. Counsel has moved to 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 the district court did not abuse its discretion in sentencing Trice. See United States v. Franik, 687 F.3d 988, 990 (8th Cir. 2012) (where defendant does not raise procedural error, court bypasses review and only reviews substantive reasonableness of sentence for abuse of discretion); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (where district court varied downward from Guidelines range, it was “nearly inconceivable” that court abused its discretion in not varying downward further). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw, subject to counsel informing Trice about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2- Appellate Case: 13-3006 Page: 2 Date Filed: 04/29/2014 Entry ID: 4148298

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