United States of America v. Adan Zarate-Cobain, No. 14-2133 (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. 14-2133 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Adan Zarate-Cobain lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: October 22, 2014 Filed: October 23, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Adan Zarate-Cobain directly appeals the below-Guidelines-range sentence the district court1 imposed after he pled guilty to a drug charge. His counsel has filed a 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Zarate-Cobain s sentence. In addition, counsel seeks leave to withdraw. Upon careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (describing appellate review of sentencing decisions); United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (where district court varied downward from Guidelines range, it was nearly inconceivable that court abused its discretion in not varying downward further). Finally, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel s motion to withdraw, and we affirm the judgment. ______________________________ -2-
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