United States v. Marcos Lopez

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); Granting [4307478-2] motion to withdraw as counsel filed by Mr. Travis D. Poindexter. [4355075] [15-2536]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2536
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Marcos Tulio Lopez, also known as Marcos Tulio Lopez-Ramirez, also known as
Marcus T. Lopez, also known as Mario T. Lopez, also known as Marvin Ramirez,
also known as Mario Roberto Alvarado, also known as Ricar Machorro-Salas
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: January 7, 2016
Filed: January 12, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-2536

Page: 1

Date Filed: 01/12/2016 Entry ID: 4355075

Marcos Lopez directly appeals after he pleaded guilty to a federal immigration
charge, and the district court1 sentenced him within the unobjected-to Guidelines
range to 50 months in prison and three years of supervised release. His counsel has
moved to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738
(1967), he challenges the substantive reasonableness of Lopez’s sentence.
Upon careful review, we conclude that the court did not abuse its discretion in
refusing to vary below the Guidelines range, and that the resulting sentence is not
substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th
Cir. 2009) (en banc) (standard of review); United States v. Jordan, 573 F.3d 586, 590
(8th Cir. 2009). Further, having independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm. Counsel’s motion to withdraw is granted.
______________________________

1

The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
-2-

Appellate Case: 15-2536

Page: 2

Date Filed: 01/12/2016 Entry ID: 4355075