United States v. Marcos Lopez

628 F. App'x 460

Opinion

PER CURIAM.

Marcos Lopez directly appeals after he pleaded guilty to a federal immigration charge, and the district court 1 sentenced him within the unobjected-to Guidelines range to 50 months in prison and three years of supervised release. His counsel has moved to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), he challenges the substantive reasonableness of Lopez’s sentence.

Upon careful review, we conclude that the court did not abuse its discretion in refusing to vary below the Guidelines range, and that the resulting sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc) (standard of review); United States v. Jordan, 573 F.3d 586, 590 (8th Cir.2009). Further, 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 nonfrivolous issues.

Accordingly, we affirm. Counsel’s motion to withdraw is granted.

1 . The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.