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United States v. Robinson

United States Court of Appeals For the Eighth Circuit
Mar 31, 2015
598 F. App'x 468 (8th Cir. 2015)

Opinion

No. 14-3055

03-31-2015

United States of America Plaintiff - Appellee v. Phillip Gregory Robinson Defendant - Appellant


Appeal from United States District Court for the Northern District of Iowa - Dubuque [Unpublished] Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. PER CURIAM.

Phillip Robinson directly appeals the sentence that the district court 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), arguing that the within-Guidelines-range sentence is substantively unreasonable. Robinson has filed a pro se brief, arguing that the court abused its discretion by focusing solely on his criminal history in sentencing him.

The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.

Upon review of the record before us, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision), we conclude that the court carefully considered numerous 18 U.S.C. § 3553(a) sentencing factors, properly explained its rationale for denying a downward variance, and imposed a substantively reasonable sentence, see Gall v. United States, 552 U.S. 38, 51 (2007) (if sentence is within Guidelines range, appellate court may apply presumption of reasonableness); cf. United States v. Gonzalez, 573 F.3d 600, 608 (8th Cir. 2009) (upholding denial of downward variance where court considered sentencing factors and properly explained rationale). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues.

Accordingly we grant counsel's motion to withdraw, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. The judgment is affirmed.


Summaries of

United States v. Robinson

United States Court of Appeals For the Eighth Circuit
Mar 31, 2015
598 F. App'x 468 (8th Cir. 2015)
Case details for

United States v. Robinson

Case Details

Full title:United States of America Plaintiff - Appellee v. Phillip Gregory Robinson…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 31, 2015

Citations

598 F. App'x 468 (8th Cir. 2015)