515 F. App'x 639

UNITED STATES of America, Plaintiff-Appellee v. Guadalupe MARTINEZ, Defendant-Appellant.

No. 12-4021.

United States Court of Appeals, Eighth Circuit.

Submitted: July 19, 2013.

Filed: July 23, 2013.

David M. Wear, U.S. Attorney’s Office, Omaha, NE, for Plaintiff-Appellee.

Guadalupe Martinez, Wilber, NE, pro se.

Nancy Kay Peterson, Lincoln, NE, for Defendant-Appellant.

Before LOKEN, COLLOTON, and KELLY, Circuit Judges.

PER CURIAM.

Guadalupe Martinez appeals the 46-month prison sentence imposed by the district court1 after he pleaded guilty to drug charges. Counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and seeks leave to withdraw. For reversal, counsel argues that the sentence imposed was greater than necessary to accomplish the goals of sentencing. Having carefully reviewed the record, we conclude that the sentence, falling at the bottom of the uncontested Guidelines range, was not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461, 464 (8th Cir.2009) (en banc). Further, we find no nonfrivolous issues for appeal. See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Accordingly, we grant counsel’s motion to withdraw, and we affirm.

United States v. Martinez
515 F. App'x 639

Case Details

Name
United States v. Martinez
Decision Date
Jul 23, 2013
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515 F. App'x 639

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United States

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