United States of America v. Edgar Fabian Hernandez

United States Court of Appeals
For the Eighth Circuit
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No. 17-2983
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Edgar Fabian Hernandez
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: May 15, 2018
Filed: May 25, 2018
[Unpublished]
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Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Edgar Hernandez directly appeals the sentence the district court imposed after1
he pled guilty to a drug charge and was sentenced to 252 months in prison. His
The Honorable Leonard T. Strand, Chief Judge, United States District Court1
for the Northern District of Iowa.

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counsel has moved for leave to withdraw, and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging a Guidelines enhancement and arguing
that the sentence is substantively unreasonable. Hernandez has not filed a pro se
brief.
We find no error in the district court’s calculation of the Guidelines range. See
United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (this court reviews district
court’s application of Guidelines de novo, and its findings of fact for clear error).
Further, we conclude that the district court did not impose a substantively
unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir.
2009) (en banc) (discussing appellate review of sentencing decisions). In addition,
we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), and have found no nonfrivolous issues for appeal. Accordingly, we grant
counsel’s motion to withdraw, and we affirm.
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