United States v. Augusto Suarez-Garcia, No. 18-1272 (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 sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1272 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Augusto Francisco Suarez-Garcia, also known as Francisco Suares-Garcia lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Waterloo ____________ Submitted: July 25, 2018 Filed: July 30, 2018 [Unpublished] ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. In this direct criminal appeal, Francisco Suarez-Garcia challenges the sentence the district court1 imposed after he pleaded guilty to unlawfully using an 1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. identification document. His counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the term of supervised release was 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 section 18 U.S.C. § 3553 factor, or committed a clear error of judgment in weighing relevant factors, see United States v. David, 682 F.3d 1074, 1077 (8th Cir. 2012) (standard of review); and the sentence was within the Guidelines range, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). 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 to withdraw, and affirm. ______________________________ -2-