United States v. Derrick Estell

622 F. App'x 599

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 20, 2015
• Docket: 15-1699
• Status: Unpublished

Opinion

PER CURIAM.

Derrick Estell directly appeals after he pled guilty to two counts of brandishing a firearm in furtherance of a crime of violence, and the district court 1 sentenced him to 32 years in prison. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that Estell’s prison term is substantively unreasonable. 2

Upon careful review, we conclude that counsel’s argument lacks merit because Estell’s prison term, representing the statutory minimum, is not subject to review for reasonableness. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir.2006). Furthermore, having independently reviewed the record pursuant to Penson v. Ohio, 488. U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivo-lous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1 . The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas.

2 . Counsel has also filed a letter pursuant to Federal Rule of Appellate Procedure 28(j), citing Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). We conclude that the Johnson decision has no bearing on Estell's convictions or sentence.