United States v. Columbus White, No. 13-2569 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2569 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Columbus Lynn White lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: March 18, 2014 Filed: March 21, 2014 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Columbus White appeals the sentence the district court1 imposed after he pleaded guilty to a felon-in-possession offense. His counsel seeks leave to withdraw 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. 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 the within-Guidelines-range sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007) (if sentence is within Guidelines range, appellate court may apply presumption of reasonableness); United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision). Further, having independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel s motion to withdraw. The judgment is affirmed. ______________________________ -2-
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