United States v. Jose Vazquez-Pacheco, No. 15-2683 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable. [ November 13, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2683 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Jose Alejandro Vazquez-Pacheco, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: November 6, 2015 Filed: November 17, 2015 [Unpublished] ____________ Before SMITH, COLLOTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Jose Vazquez-Pacheco directly appeals after he pled guilty to illegally reentering the United States, and the district court1 sentenced him within his 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. calculated Guidelines range to 16 months in prison. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court imposed a substantively unreasonable sentence. Counsel has also moved to withdraw. Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also Gall v. United States, 552 U.S. 38, 51 (2007). In addition, 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. ______________________________ -2-
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