United States v. Howard Eugene Liner

1The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2020
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Jodi Enos, *
* [UNPUBLISHED]
Appellant. *
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Submitted: December 29, 2005
Filed: January 9, 2006
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Before MELLOY, HANSEN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Jodi Enos pleaded guilty to attempting to manufacture methamphetamine, and
aiding and abetting the attempt to manufacture methamphetamine, in violation of 18
U.S.C. § 2 and 21 U.S.C. § 846. The district court1 sentenced her within the advisory
Guidelines range to 70 months in prison and 4 years of supervised release. On appeal,
her counsel has moved to withdraw and filed a brief under Anders v. California, 386
U.S. 738 (1967). For the reasons discussed below, we grant counsel’s motion and
affirm the judgment of the district court.

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-2-
Counsel argues that the sentence imposed is unreasonable under the standard
of review announced in United States v. Booker, 543 U.S. 220 (2005). However, a
sentence within the advisory Guidelines range is presumptively reasonable, and we
conclude that Enos has not satisfied her burden to rebut that presumption of
reasonableness. See United States v. Lincoln, 413 F.3d 716, 717-18 (8th Cir. 2005),
cert. denied, 2005 WL 3067440 (U.S. Dec. 12, 2005) (No. 05-7506).
After reviewing the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we have found no nonfrivolous issues for appeal. Accordingly, we grant
counsel’s motion to withdraw, and we affirm.
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