United States v. Harold Robinson, No. 12-3138 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. District court did not abuse its discretion in sentencing defendant.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3138 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Harold Antonio Robinson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: April 5, 2013 Filed: April 8, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Harold Robinson appeals the within-Guidelines-range sentence the district court imposed after he pled guilty to a firearms charge. His counsel has moved to 1 1 The Honorable James E. Gritzner, Chief Judge, United States District Court for the Southern District of Iowa. withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the district court abused its discretion in declining to sentence Robinson to a prison term below the advisory Guidelines range. Upon careful review, this court concludes that the district court did not abuse its discretion in sentencing Robinson. See United States v. Feemster, 572 F.3d 455, 460-62 (8th Cir. 2009) (en banc) (describing appellate review of sentencing decisions). This court independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and found no nonfrivolous issues for appeal. Counsel s motion to withdraw is granted, and the judgment of the district court is affirmed. ______________________________ -2-
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