United States v. Guadalupe Martinez, No. 12-4021 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Sentence, which fell at the bottom of defendant's uncontested advisory Guidelines range, was substantively reasonable.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-4021 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Guadalupe Martinez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: July 19, 2013 Filed: July 23, 2013 [Unpublished] ____________ Before LOKEN, COLLOTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Guadalupe Martinez appeals the 46-month prison sentence imposed by the district court1 after he pleaded guilty to drug charges. Counsel has filed a brief under 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. Anders v. California, 386 U.S. 738 (1967), and seeks leave to withdraw. For reversal, counsel argues that the sentence imposed was greater than necessary to accomplish the goals of sentencing. Having carefully reviewed the record, we conclude that the sentence, falling at the bottom of the uncontested Guidelines range, was not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461, 464 (8th Cir. 2009) (en banc). Further, we find no nonfrivolous issues for appeal. See Penson v. Ohio, 488 U.S. 75 (1988). Accordingly, we grant counsel s motion to withdraw, and we affirm. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
