United States v. Allyn Koopman

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4407722-2] motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
For the Eighth Circuit
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No. 16-2114
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Allyn John Koopman
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: November 17, 2016
Filed: November 22, 2016
[Unpublished]
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Before SMITH, BOWMAN, and BENTON, Circuit Judges.
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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.
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Appellate Case: 16-2114

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Date Filed: 11/22/2016 Entry ID: 4471851