United States v. Scott Gibbons

United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2173 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Scott Allen Gibbons lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Council Bluffs ____________ Submitted: December 30, 2013 Filed: January 9, 2014 [Unpublished] ____________ Before LOKEN, BOWMAN, GRUENDER, Circuit Judges. ____________ PER CURIAM. Scott Gibbons pleaded guilty to receiving child pornography in violation of 18 U.S.C. § 2252(a)(2). The district court1 imposed a sentence of 168 months in prison 1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. and 10 years of supervised release. On appeal, Gibbons’s counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable because it was greater than necessary to achieve the goals of sentencing. We will apply a presumption of reasonableness to the sentence, which fell within the uncontested Guidelines range, and we therefore conclude that the district court did not abuse its discretion. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (standard of review). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issues. Accordingly, we affirm the judgment. ______________________________ -2-