United States v. Scott Johnson

United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3046 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Scott Allen Johnson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 26, 2013 Filed: January 7, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. Scott Johnson appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense. On appeal, Johnson’s counsel has moved to 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable. Upon careful review, we conclude that Johnson’s sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision); United States v. Zauner, 688 F.3d 426, 429-30 (8th Cir. 2012) (when district court varies downward from presumptively reasonable Guidelines sentence, it is nearly inconceivable that court abused its discretion in not varying downward even further). Further, having independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Therefore, we grant counsel’s motion to withdraw. The judgment is affirmed. ______________________________ -2-