United States v. Gustavo Gutierrez Hernandez

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 13, 2018
• Docket: 18-1171
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1171 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Gustavo Gutierrez Hernandez, also known as Gustavo Hernandez Gutierrez, also known as Gustavo Hernandez-Gutierrez

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Davenport ____________

Submitted: November 5, 2018 Filed: November 13, 2018 [Unpublished] ____________

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________

PER CURIAM. Gustavo Gutierrez Hernandez directly appeals the sentence the district court1 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), challenging the sentence as substantively unreasonable.

After careful review, we conclude that the district court did not impose an unreasonable sentence, as there was no indication that it overlooked a relevant 18 U.S.C. § 3553(a) factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); and the sentence was below the Guidelines range, see United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). 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’s motion and affirm. ______________________________

1 The Honorable Rebecca Ebinger, United States District Judge for the Southern District of Iowa.

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