United States v. Nathan Wagner, No. 17-3400 (8th Cir. 2018)

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Court Description: Per Curiam - Before Loken, Colloton, and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's below-guidelines sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3400 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Nathan John Wagner, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: July 25, 2018 Filed: July 30, 2018 [Unpublished] ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Nathan Wagner appeals the sentence imposed by the district court1 after he pleaded guilty to conspiring to distribute methamphetamine. Wagner’s counsel has 1 The Honorable John A. Jarvey, Chief Judge, United States District Judge for the Southern District of Iowa. moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. After careful review, we conclude that the district court did not impose an unreasonable sentence. The sentence was below the advisory guideline range. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court committed a clear error of judgment in weighing relevant factors. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); see also United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion, and affirm. ______________________________ -2-