United States v. Dong Pyou Han

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Kermit E. Bye and Bobby E. Shepherd (UNPUBLISHED); Granting [4312067-2] motion to withdraw as counsel filed by Mr.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

United States Court of Appeals
For the Eighth Circuit
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No. 15-2616
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Dong Pyou Han
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: January 4, 2016
Filed: January 11, 2016
[Unpublished]
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Before SMITH, BYE, and SHEPHERD, Circuit Judges.
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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.
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Appellate Case: 15-2616

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Date Filed: 01/11/2016 Entry ID: 4354475