United States v. Tiffany Zerley, No. 16-3840 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Bowman and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable. [ June 20, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3840 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Tiffany Zerley lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: June 16, 2017 Filed: June 21, 2017 [Unpublished] ____________ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Tiffany Zerley appeals from the sentence the District Court1 imposed after she pleaded guilty to a drug charge. Her counsel has filed a brief under Anders v. 1 The Honorable Laurie Smith Camp, Chief Judge, United States District Court for the District of Nebraska. California, 386 U.S. 738 (1967), arguing that Zerley’s sentence is substantively unreasonable. We conclude that the District Court did not impose a substantively unreasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007) (discussing appellate review of sentencing decisions); United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when a district court has varied below the U.S. Sentencing Guidelines range, it is “nearly inconceivable” that the court abused its discretion in not varying further). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), and have found no nonfrivolous issues for appeal. Accordingly, we affirm. ______________________________ -2-
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