United States of America v. Scott Allen Johnson

United States Court of Appeals
For the Eighth Circuit
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No. 13-3046
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Scott Allen Johnson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: December 26, 2013
Filed: January 7, 2014
[Unpublished]
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Before WOLLMAN, BYE, and KELLY, Circuit Judges.
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PER CURIAM.
Scott Johnson appeals the sentence imposed by the district court after he1
pleaded guilty to a drug offense. On appeal, Johnson’s counsel has moved to
The Honorable Greg Kays, United States District Judge for the Western1
District of Missouri.

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withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence is substantively unreasonable.
Upon careful review, we conclude that Johnson’s sentence is not substantively
unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en
banc) (appellate review of sentencing decision); United States v. Zauner, 688 F.3d
426, 429-30 (8th Cir. 2012) (when district court varies downward from presumptively
reasonable Guidelines sentence, it is nearly inconceivable that court abused its
discretion in not varying downward even further). Further, having independently
reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we
find no nonfrivolous issues. Therefore, we grant counsel’s motion to withdraw. The
judgment is affirmed.
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