Opinion
No. 16-2114
11-22-2016
United States of America Plaintiff - Appellee v. Allyn John Koopman Defendant - Appellant
Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids [Unpublished] Before SMITH, BOWMAN, and BENTON, Circuit Judges. PER CURIAM.
After pleading guilty to a drug offense, Allyn John Koopman appeals the district court's order sentencing him to 100 months in prison with 3 years of supervised release. His counsel has moved to withdraw, and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. --------
The sentence was not substantively unreasonable, as the district court sentenced Koopman to a within-Guidelines sentence after stating that it had considered the 18 U.S.C. § 3553(a) factors. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable); United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (under substantive-reasonableness test, district court abuses its discretion if it fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors). An independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no non-frivolous issues for appeal.
The judgment is affirmed, and counsel's motion to withdraw is granted.