United States v. Allen Brown, Jr., No. 12-3552 (8th Cir. 2013)

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Court Description: Criminal case - Sentencing. Anders case.The district court did not commit any significant procedural error at sentencing and the sentence it imposed was substantively reasonable.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3552 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Allen Brown, Jr., also known as AWAC lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: August 27, 2013 Filed: August 27, 2013 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Allen Brown, Jr. directly appeals the within-Guidelines-range sentence the district court1 imposed after he pled guilty to a firearm offense. His counsel has filed 1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. a brief under Anders v. California, 386 U.S. 738 (1967), requesting a review of Brown s sentence for reasonableness. Upon careful review, this court has found nothing in the record to suggest that any significant procedural error occurred at sentencing or that the district court imposed a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 460-62 (8th Cir. 2009) (en banc) (when reviewing sentences, appellate court applies deferential abuse-of-discretion standard, ensuring that district court did not commit significant procedural error or impose substantively unreasonable sentence; if sentence is within Guidelines range, appellate court may, but is not required to, apply presumption of reasonableness). This court has 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 is affirmed. See 8th Cir. R. 47B. ______________________________ -2-

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