United States of America v. Juan Victor Cabrera-Ramirez

17-1002Court of Appeals for the Eighth Circuit29.03.2019

Gesamter Gesetzestext

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-2503
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Juan Victor Cabrera-Ramirez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: March 27, 2019
Filed: March 28, 2019
[Unpublished]
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Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Juan Cabrera-Ramirez directly appeals the sentence the district court imposed1
after he pleaded guilty to drug offenses. His counsel has moved to withdraw and has
The Honorable Leonard T. Strand, Chief Judge, United States District Court1
for the Northern District of Iowa.

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filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the
substantive reasonableness of the sentence.
After careful review, we conclude that the district court did not impose an
unreasonable sentence. The court properly considered the factors set forth in 18
U.S.C. § 3553(a), and there is no indication that the court considered an improper or
irrelevant factor or committed a clear error in weighing relevant factors. See United
States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (discussing appellate
review of sentencing decisions). Further, the court imposed the statutory mandatory-
minimum sentence. See United States v. Woods, 717 F.3d 654, 659 (8th Cir. 2013)
(stating the mandatory-minimum sentence was the shortest sentence possible absent
a government motion and concluding it was not substantively unreasonable).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion and affirm.
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