Opinion
No. 18-2937
06-24-2019
United States of America Plaintiff - Appellee v. Jose Maria Valencia, also known as Don Chema Defendant - Appellant
Appeal from United States District Court for the Northern District of Iowa - Waterloo [Unpublished] Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. PER CURIAM.
Jose Valencia pleaded guilty to conspiracy to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. The district court sentenced him to life in prison. In an Anders brief, Valencia's counsel suggests that the sentence is substantively unreasonable and requests permission to withdraw. See Anders v. California, 386 U.S. 738 (1967).
The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.
We conclude that Valencia's sentence is substantively reasonable. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines-range sentence is presumptively reasonable). The record establishes that the district court sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); Feemster, 572 F.3d at 461. We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82-83 (1988). Accordingly, we affirm the judgment and grant counsel permission to withdraw.