United States of America v. Crispin Leon-Lopez

United States Court of Appeals
For the Eighth Circuit
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No. 12-4001
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Crispin Leon-Lopez,
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: March 22, 2013
Filed: April 1, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.
Crispin Leon-Lopez directly appeals after he pled guilty to an illegal-reentry
offense and the district court imposed a within-Guidelines-range sentence. His1
The Honorable Linda R. Reade, Chief Judge, United States District Court for1
the Northern District of Iowa.

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counsel has moved to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967), arguing that the prison term imposed by the district court is
unreasonable.
Upon careful review, we conclude that the district court did not abuse its
discretion in sentencing Leon-Lopez. See United States v. Feemster, 572 F.3d 455,
461 (8th Cir. 2009) (en banc) (review of sentences for abuse of discretion includes
(1) ensuring no significant procedural error occurred; and (2) considering substantive
reasonableness of sentence under totality of circumstances; where sentence falls
within Guidelines range, appeals court may, but is not required to, apply presumption
of reasonableness). Further, having independently reviewed the record under Penson
v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm the judgment of the district court, and we grant
counsel’s motion to withdraw, subject to counsel informing Leon-Lopez about
procedures for seeking rehearing or filing a petition for certiorari.
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