United States of America v. Adan Zarate-Cobain

Filing

[4209182] [14-2133]PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Raymond W. Gruender (UNPUBLISHED); Granting [4166458-2] motion to withdraw as counsel filed by Mr. Gregory C. Damman. [4209182] [14-2133]--[Edited 10/23/2014 by JPP]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-2133
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Adan Zarate-Cobain
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: October 22, 2014
Filed: October 23, 2014
[Unpublished]
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Before LOKEN, MELLOY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Adan Zarate-Cobain directly appeals the below-Guidelines-range sentence the
district court1 imposed after he pled guilty to a drug charge. His counsel has filed a
1

The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.

Appellate Case: 14-2133

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Date Filed: 10/23/2014 Entry ID: 4209182

brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of Zarate-Cobain’s sentence. In addition, counsel seeks leave to
withdraw.
Upon careful review, we conclude that the district court did not impose an
unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir.
2009) (en banc) (describing appellate review of sentencing decisions); 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). Finally, having independently reviewed the record
pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment.
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Appellate Case: 14-2133

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Date Filed: 10/23/2014 Entry ID: 4209182