United States of America v. Derrick Estell

United States Court of Appeals
For the Eighth Circuit
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No. 15-1699
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Derrick Estell
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: November 16, 2015
Filed: November 20, 2015
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Derrick Estell directly appeals after he pled guilty to two counts of brandishing
a firearm in furtherance of a crime of violence, and the district court sentenced him1
The Honorable Susan O. Hickey, United States District Judge for the Western1
District of Arkansas.

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to 32 years in prison. His counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that Estell’s prison term is
substantively unreasonable.2
Upon careful review, we conclude that counsel’s argument lacks merit because
Estell’s prison term, representing the statutory minimum, is not subject to review for
reasonableness. See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006).
Furthermore, having independently reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s
motion to withdraw, and we affirm.
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Counsel has also filed a letter pursuant to Federal Rule of Appellate Procedure2
28(j), citing Johnson v. United States, 135 S. Ct. 2551 (2015). We conclude that the
Johnson decision has no bearing on Estell’s convictions or sentence.
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