United States v. Mackenzie Servantez , 623 F. App'x 834 ( 2015 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2602
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Mackenzie Everett Servantez
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Ft. Dodge
____________
Submitted: December 3, 2015
Filed: December 8, 2015
[Unpublished]
____________
Before SMITH, BYE, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Mackenzie Servantez directly appeals after he pled guilty to a federal drug
charge, and the district court1 sentenced him at the bottom of the applicable Guidelines
1
The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
range. His counsel has moved to withdraw, and in a brief filed under Anders v.
California, 386 U.S. 738 (1967), he challenges the substantive reasonableness of
Servantez’s sentence. Servantez had filed a pro se supplemental brief reiterating
counsel’s argument.
Upon careful review, we conclude that the court did not abuse its discretion in
refusing to vary below the Guidelines range, and that the resulting sentence is not
substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th
Cir. 2009) (en banc) (standard of review); United States v. Jordan, 573 F.3d 586, 590
(8th Cir. 2009). Further, having independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
The judgment is affirmed, and we grant counsel’s motion to withdraw.
______________________________
-2-