United States of America v. Marcos Tulio Lopez, also known as Marcos Tulio Lopez-Ramirez, also known as Marcus…

14-3277Court of Appeals for the Eighth CircuitJan 29, 2016

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2536
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Marcos Tulio Lopez, also known as Marcos Tulio Lopez-Ramirez, also known as
Marcus T. Lopez, also known as Mario T. Lopez, also known as Marvin Ramirez,
also known as Mario Roberto Alvarado, also known as Ricar Machorro-Salas
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: January 7, 2016
Filed: January 12, 2016
[Unpublished]
____________
Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
____________
PER CURIAM.

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Marcos Lopez directly appeals after he pleaded guilty to a federal immigration
charge, and the district court sentenced him within the unobjected-to Guidelines1
range to 50 months in prison and three years of supervised release. His counsel has
moved to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738
(1967), he challenges the substantive reasonableness of Lopez’s sentence.
Upon careful review, we conclude that the court did not abuse its discretion in
refusing to vary below the Guidelines range, and that the resulting sentence is not
substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th
Cir. 2009) (en banc) (standard of review); United States v. Jordan, 573 F.3d 586, 590
(8th Cir. 2009). Further, having independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm. Counsel’s motion to withdraw is granted.
______________________________
The Honorable Gary A. Fenner, United States District Judge for the Western1
District of Missouri.
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