United States v. Jarvis Miranda


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4299536-2] motion to withdraw as counsel filed by Mr. Stephen C. Parker, Jr.. [4352848] [15-2354]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2354 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jarvis Miranda, also known as Crazy lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: December 31, 2015 Filed: January 6, 2016 [Unpublished] ____________ Before GRUENDER, BENTON and KELLY, Circuit Judges. ____________ PER CURIAM. Jarvis Miranda directly appeals after he pled guilty to a drug-conspiracy offense and a felon-in-possession offense and the district court1 sentenced him to a 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. Appellate Case: 15-2354 Page: 1 Date Filed: 01/06/2016 Entry ID: 4352848 total of 293 months in prison, upon imposing two partially consecutive prison terms. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court imposed a substantively unreasonable sentence. After careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. David, 682 F.3d 1074, 1076-77 (8th Cir. 2012) (discussing appellate review of sentencing decisions); see also 18 U.S.C. § 3584 (if multiple terms of imprisonment are imposed at same time, terms may run concurrently or consecutively; as to each offense court shall consider 18 U.S.C. § 3553(a) factors). Furthermore, 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. ______________________________ -2- Appellate Case: 15-2354 Page: 2 Date Filed: 01/06/2016 Entry ID: 4352848

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