United States v. Marcos Lopez, No. 15-2536 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Arnold and Smith, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not abuse its discretion by refusing to vary below the advisory guidelines range, and the sentence it imposed was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2536 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Marcos Tulio Lopez, also known as Marcos Tulio Lopez-Ramirez, also known as Marcus T. Lopez, also known as Mario T. Lopez, also known as Marvin Ramirez, also known as Mario Roberto Alvarado, also known as Ricar Machorro-Salas lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: January 7, 2016 Filed: January 12, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Marcos Lopez directly appeals after he pleaded guilty to a federal immigration charge, and the district court1 sentenced him within the unobjected-to Guidelines range to 50 months in prison and three years of supervised release. His counsel has moved to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738 (1967), he challenges the substantive reasonableness of Lopez’s sentence. Upon careful review, we conclude that the court did not abuse its discretion in refusing to vary below the Guidelines range, and that the resulting sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (standard of review); United States v. Jordan, 573 F.3d 586, 590 (8th Cir. 2009). Further, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm. Counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. -2-
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