United States v. Brandon Vazquez, No. 18-2137 (8th Cir. 2018)

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Court Description: Per Curiam - Before Kelly, Grasz and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-guidelines sentence was not substantively unreasonable or an abuse of the district court's discretion. [ November 26, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2137 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Brandon Vazquez lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: November 15, 2018 Filed: November 27, 2018 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Brandon Vazquez directly appeals after he pleaded guilty to being a felon in possession of a firearm, and the district court1 imposed a within-Guidelines-range 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. sentence. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging Vazquez’s sentence on substantive and procedural grounds. We have carefully reviewed the district court’s sentencing decision and find no abuse of discretion. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Moreover, we have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and conclude there are no nonfrivolous issues. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________ -2-