United States Court of Appeals
For the Eighth Circuit
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No. 18-1171
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gustavo Gutierrez Hernandez, also known as Gustavo Hernandez Gutierrez, also
known as Gustavo Hernandez-Gutierrez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: November 5, 2018
Filed: November 13, 2018
[Unpublished]
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Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Gustavo Gutierrez Hernandez directly appeals the sentence the district court1
imposed after he pleaded guilty to a drug offense. His counsel has moved to
withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence as substantively unreasonable.
After careful review, we conclude that the district court did not impose an
unreasonable sentence, as there was no indication that it overlooked a relevant 18
U.S.C. § 3553(a) factor, or committed a clear error of judgment in weighing relevant
factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013)
(standard of review); and the sentence was below the Guidelines range, see United
States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). Having independently
reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no
nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm.
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1
The Honorable Rebecca Ebinger, United States District Judge for the Southern
District of Iowa.
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