United States v. Gladis Maldonado

United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1659 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Gladis Maldonado lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: January 28, 2014 Filed: February 7, 2014 [Unpublished] ____________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ____________ PER CURIAM. After Gladis Maldonado pleaded guilty to a drug conspiracy offense, the district court1 varied downward from the advisory Guidelines range and sentenced her 1 The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas. to serve 144 months in prison and 5 years of supervised release. On appeal, Maldonado’s counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is greater than necessary to accomplish the goals of sentencing. Applying a presumption of reasonableness to the sentence, which fell well below the uncontested Guidelines range, we 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 grant counsel’s motion to withdraw, and we affirm. ______________________________ -2-