United States v. Antonio Ventura-Fuentes, No. 13-3784 (8th Cir. 2014)

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Court Description: Criminal case - Sentencing. Anders case. Sentence was not substantively unreasonable. [ June 09, 2014

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3784 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Antonio Ventura-Fuentes lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: June 5, 2014 Filed: June 10, 2014 [Unpublished] ____________ Before BYE, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Antonio Ventura-Fuentes directly appeals the downward-departure sentence imposed by the district court1 after he pleaded guilty to a drug offense. On appeal, 1 The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas. counsel for Ventura-Fuentes seeks to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable. Upon careful review, we conclude that Ventura-Fuentes s sentence is not unreasonable. See United States v. Burns, 577 F.3d 887, 894-896 (8th Cir. 2009) (en banc) (appellate review of departure sentence). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no non-frivolous issues. Therefore, we grant counsel s motion to withdraw, and affirm. ______________________________ -2-

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