United States v. Miguel Angel Chavez

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-2163
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Ricardo Jefferson, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: October 22, 2010
Filed: October 27, 2010
___________
Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Ricardo Jefferson appeals the 188-month prison sentence the district court1
imposed after he pleaded guilty to distributing more than 5 grams of a mixture or
substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(1)(B)(iii). His counsel has moved to withdraw and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), stating that Jefferson believes his sentence is too
severe.
1The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.

-- 1 of 2 --

We conclude that the district court committed no procedural error and imposed
a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51 (2007)
(in reviewing sentence, appellate court first ensures that district court committed no
significant procedural error, and then considers substantive reasonableness of sentence
under abuse-of-discretion standard; if sentence is within applicable Guidelines range,
appellate court may apply presumption of reasonableness); United States v. Haack,
403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion).
Having reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we
affirm.
______________________________
-2-

-- 2 of 2 --