United States v. William Rose, Sr., No. 15-1570 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Bowman and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable. [ August 27, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1570 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. William Rose, Sr. lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: August 12, 2015 Filed: August 28, 2015 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. William Rose directly appeals after he pled guilty to a federal childpornography charge and the district court1 sentenced him below the calculated 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. Guidelines range to eighteen months in prison. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Rose’s sentence. Upon careful review, we conclude that the district court properly weighed the 18 U.S.C. § 3553(a) sentencing factors, and did not abuse its discretion in sentencing Rose. See United States v. Franik, 687 F.3d 988, 990 (8th Cir. 2012) (standard of review); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009). Further, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. The judgment is affirmed, and we grant counsel’s motion to withdraw. ______________________________ -2-
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