United States v. Jonathan Green

United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1794 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jonathan M. Green lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 3, 2013 Filed: December 6, 2013 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judge. ____________ PER CURIAM. Jonathan Green directly appeals the above-Guidelines-range sentence the district court1 imposed after he pleaded guilty to escape from federal custody. His 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the sentence is substantively unreasonable. Upon careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Mangum, 625 F.3d 466, 470 (8th Cir. 2010) (upward variance is reasonable where court makes individualized assessment of 18 U.S.C. § 3553(a) factors based on facts presented, and considers defendant’s proffered information). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment of the district court. ______________________________ -2-