United States v. Robert Johnson , 546 F. App'x 603 ( 2013 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-2453
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Robert Stanford Johnson
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: November 27, 2013
Filed: December 5, 2013
[Unpublished]
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Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Robert Johnson appeals the sentence imposed by the District Court1 after he
pleaded guilty to a drug offense. On appeal, Johnson’s counsel has moved to
1
The Honorable James E. Gritzner, Chief Judge, United States District Court
for the Southern District of Iowa.
withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence is substantively unreasonable.
Upon careful review, we conclude that Johnson’s within-Guidelines-range
sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d
455, 461 (8th Cir. 2009) (en banc) (standard of review); Gall v. United States, 552
U.S. 38, 51 (2007) (noting that if a sentence is within the properly calculated
Guidelines range, an appellate court may apply a presumption of reasonableness to
the sentence). Further, having independently reviewed the record in accordance with
Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Therefore,
we grant counsel’s motion to withdraw, and we affirm.
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