Penford Corporation v. Natl. Union Fire Insurance Co.

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-2157
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Antonio Alfaro, *
* [UNPUBLISHED]
Appellant. *
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Submitted: November 1, 2011
Filed: November 4, 2011
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Before LOKEN, BYE, and COLLOTON, Circuit Judges.
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PER CURIAM.
Antonio Alfaro pleaded guilty to distributing methamphetamine, in violation
of 21 U.S.C. § 841(a)(1). The district court sentenced him to 97 months in prison1
and 4 years of supervised release. On appeal, his counsel has moved to withdraw and
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was substantively unreasonable.
The Honorable Jimm Larry Hendren, Chief Judge, United States District Court1
for the Western District of Arkansas.

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We conclude that the district court did not impose an unreasonable sentence.
The record reflects that the court considered relevant 18 U.S.C. § 3553(a) factors,
explained why it chose not to vary downward, and imposed a sentence at the low end
of the undisputed Guidelines range. See United States v. Feemster, 572 F.3d 455,
460-61 (8th Cir. 2009) (en banc).
Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75
(1988), we find no nonfrivolous issue. Accordingly, we grant counsel’s motion to
withdraw, and we affirm the judgment.
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