United States v. Phillip Brumfield

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 12-1350
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Israel Martinez, *
* [UNPUBLISHED]
Appellant. *
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Submitted: July 3, 2012
Filed: July 10, 2012
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Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Israel Martinez pleaded guilty to one count of possession with intent to
distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A). The district court sentenced him to 150 months in prison and1
5 years of supervised release. On appeal, Martinez’s counsel has moved to withdraw,
and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
The Honorable D.P. Marshall Jr., United States District Judge for the Eastern1
District of Arkansas.

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Upon careful review, we conclude that the district court, in sentencing
Martinez, committed no procedural error and imposed a substantively reasonable
sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc)
(in reviewing sentences, appellate court first ensures that no significant procedural
error occurred, then considers substantive reasonableness of sentence under abuse-of-
discretion standard, taking into account totality of circumstances; if sentence is within
Guidelines range, appellate court may apply presumption of reasonableness).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issue for appeal. Accordingly, we grant
counsel’s motion to withdraw, and we affirm.
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