United States v. Nathan Smith

United States Court of Appeals
For the Eighth Circuit
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No. 16-3493
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Nathan Adam Smith,
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: March 21, 2017
Filed: March 30, 2017
[Unpublished]
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Before RILEY, ARNOLD, and COLLOTON, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Nathan Smith challenges the district court’s1
below-Guidelines-range sentence imposed following his guilty plea to bank fraud.
1
The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
His counsel has moved to withdraw, and has filed a brief under Anders v. California,
386 U.S. 738 (1967), arguing that Smith’s sentence is substantively unreasonable
because there is undue disparity between Smith’s sentence and the sentences imposed
on his co-defendants. In a supplemental brief, Smith joins counsel in challenging the
substantive reasonableness of his sentence based on the more favorable sentences that
his co-defendants received.
Having carefully reviewed the district court’s careful articulation at sentencing
of the multiple factors that guided the court in fashioning an appropriate sentence, we
conclude that the sentence is not substantively unreasonable. See United States v.
Miller, 57 F.3d 910, 917 (8th Cir. 2009). Further, we have reviewed the record as
required by Penson v. Ohio, 488 U.S. 75 (1988), and find no nonfrivolous issues for
appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
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