United States v. Juan Cabrera-Ramirez

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 28, 2019
• Docket: 18-2503
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2503 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Juan Victor Cabrera-Ramirez

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________

Submitted: March 27, 2019 Filed: March 28, 2019 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Juan Cabrera-Ramirez directly appeals the sentence the district court1 imposed after he pleaded guilty to drug offenses. His counsel has moved to withdraw and has

1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the substantive reasonableness of the sentence.

After careful review, we conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court considered an improper or irrelevant factor or committed a clear error in weighing relevant factors. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (discussing appellate review of sentencing decisions). Further, the court imposed the statutory mandatory- minimum sentence. See United States v. Woods, 717 F.3d 654, 659 (8th Cir. 2013) (stating the mandatory-minimum sentence was the shortest sentence possible absent a government motion and concluding it was not substantively unreasonable).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________

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