United States v. Dong Pyou Han


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Kermit E. Bye and Bobby E. Shepherd (UNPUBLISHED); Granting [4312067-2] motion to withdraw as counsel filed by Mr. John P. Messina. [4354475] [15-2616]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2616 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dong Pyou Han lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: January 4, 2016 Filed: January 11, 2016 [Unpublished] ____________ Before SMITH, BYE, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Dong Pyou Han directly appeals the 57-month sentence imposed by the district court after he pleaded guilty to making false statements. His counsel has moved to 1 1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. Appellate Case: 15-2616 Page: 1 Date Filed: 01/11/2016 Entry ID: 4354475 withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that the within-Guidelines sentence was not substantively unreasonable. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (under substantive review, district court abuses its discretion if it fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors); United States v. Cook, 698 F.3d 667, 670 (8th Cir. 2012) (treating within-Guidelines sentence as presumptively reasonable on appeal). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 15-2616 Page: 2 Date Filed: 01/11/2016 Entry ID: 4354475

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