UNITED STATES v. VAZQUEZ (2018)

[Unpublished]

Brandon Vazquez directly appeals after he pleaded guilty to being a felon in possession of a firearm, and the district court ¹ imposed a within-Guidelines-range sentence. 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), challenging Vazquez’s sentence on substantive and procedural grounds. We have carefully reviewed the district court’s sentencing decision and find no abuse of discretion. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Moreover, we have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and conclude there are no nonfrivolous issues. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

FOOTNOTES

1.   The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.

PER CURIAM.