United States v. Gustavo Gutierrez Hernandez, No. 18-1171 (8th Cir. 2018)

Annotate this Case
Court Description: Per Curiam - Before Loken, Benton and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's below-guidelines sentence was not unreasonable. [ November 09, 2018
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1171 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Gustavo Gutierrez Hernandez, also known as Gustavo Hernandez Gutierrez, also known as Gustavo Hernandez-Gutierrez lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: November 5, 2018 Filed: November 13, 2018 [Unpublished] ____________ Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Gustavo Gutierrez Hernandez directly appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. After careful review, we conclude that the district court did not impose an unreasonable sentence, as there was no indication that it overlooked a relevant 18 U.S.C. § 3553(a) factor, or 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); and the sentence was below the Guidelines range, see United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________ 1 The Honorable Rebecca Ebinger, United States District Judge for the Southern District of Iowa. -2-