United States of America v. Adan Zarate-Cobain


[4209182] [14-2133]PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Raymond W. Gruender (UNPUBLISHED); Granting [4166458-2] motion to withdraw as counsel filed by Mr.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

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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 ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: October 22, 2014 Filed: October 23, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and GRUENDER, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 14-2133 Page: 2 Date Filed: 10/23/2014 Entry ID: 4209182

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