United States v. Allyn Koopman


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4407722-2] motion to withdraw as counsel filed by Ms. Heather Quick. [4471851] [16-2114]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2114 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Allyn John Koopman lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: November 17, 2016 Filed: November 22, 2016 [Unpublished] ____________ Before SMITH, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. After pleading guilty to a drug offense, Allyn John Koopman appeals the district court’s1 order sentencing him to 100 months in prison with 3 years of 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. Appellate Case: 16-2114 Page: 1 Date Filed: 11/22/2016 Entry ID: 4471851 supervised release. His counsel has moved to withdraw, and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. The sentence was not substantively unreasonable, as the district court sentenced Koopman to a within-Guidelines sentence after stating that it had considered the 18 U.S.C. § 3553(a) factors. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable); United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (under substantive-reasonableness test, district court abuses its discretion if it fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors). An independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no non-frivolous issues for appeal. The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 16-2114 Page: 2 Date Filed: 11/22/2016 Entry ID: 4471851

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?