United States v. Carlos Pacheco, No. 21-2446 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Colloton, Benton, and Grasz, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not abuse its discretion in sentencing defendant. [ November 19, 2021 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-2446 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Carlos Pacheco lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: November 12, 2021 Filed: November 22, 2021 [Unpublished] ____________ Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Carlos Pacheco appeals the sentence the district court1 imposed after he pled guilty to visa fraud and perjury. His counsel has moved to withdraw and has filed a 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. After careful review, we conclude the district court did not abuse its discretion in sentencing Pacheco. See United States v. Brown, 992 F.3d 665, 673 (8th Cir. 2021) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760–61 (8th Cir. 2014) (presuming reasonable sentences within United States Sentencing Guidelines Manual range ). Further, 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 leave to withdraw and affirm. ______________________________ -2-

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