552 F. App'x 610
8th Cir.
2014

UNITED STATES of America, Plaintiff-Appellee v. Sotero ALMAZAN, Defendant-Appellant.

No. 13-3205.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 3, 2014. Filed: Feb. 6, 2014.

553 Fed. Appx. 611

Edward O. Walker, Assistant U.S. Attorney, U.S. Attorney‘s Office, Little Rock, AR, for Plaintiff-Appellee.

Sotero Almazan, Washington, MS, pro se.

Kim Driggers, Assistant Federal Public Defender, Federal Public Defender‘s Office, Little Rock, AR, for Defendant-Appellant.

Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.

PER CURIAM.

Sotero Almazan pled guilty to possessing with the intent to distribute 5 kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii). Almazan directly appeals the sentence imposed by the district court.1 Counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he argues that the court erred by finding that Almazan did not qualify for a mitigating-role adjustment under U.S.S.G. § 3B1.2, and imposed an unreasonable sentence by failing to give appropriate weight to mitigating factors. Counsel has moved to withdraw.

After careful review, this court holds the district court did not clearly err in finding that Almazan played more than a minor role in this offense. He admitted to police that he had knowledge of the cocaine hidden in a secret compartment in the vehicle he was driving, and that he and his accomplice anticipated receiving $1,000 each for transporting the cocaine. See U.S.S.G. § 3B1.2, comment. (n.3(A)) (decrease applies if defendant‘s part in offense makes him substantially less culpable than average participant); United States v. Martinez, 168 F.3d 1043, 1046, 1048 (8th Cir. 1999) (district court‘s finding regarding role defendant played is reviewed for clear error; affirming denial of mitigating-role reduction for drug courier who transported large quantity of methamphetamine hidden in secret compartment in trunk, as transporting drugs is necessary part of any illegal distribution scheme); United States v. Gayekpar, 678 F.3d 629, 639-40 (8th Cir. 2012) (defendant bears burden of proving that mitigating-role reduction is warranted; receiving compensation for participating in offense weighs against finding that defendant played minor role). The district court committed no procedural sentencing error. The sentence imposed was at the bottom of the correctly calculated Guidelines range, and was not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (this court reviews sentences for abuse of discretion, and may apply presumption of reasonableness to within-Guidelines-range sentence; district court need not mechanically recite 18 U.S.C. § 3553(a) sentencing factors, so long as record is clear that it actually considered them).

This court has reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and finds no nonfrivolous issues for appeal. The judgment is affirmed.

Allowing counsel to withdraw at this time would not be consistent with the Eighth Circuit‘s 1994 Amendment to Part V of the Plan to Implement The Criminal Justice Act of 1964. Counsel‘s motion to withdraw is denied without prejudice to counsel refiling the motion upon fulfilling the duties set forth in the Amendment.

UNITED STATES of America, Plaintiff-Appellee v. Gladis MALDONADO, Defendant-Appellant.

No. 13-1659.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 28, 2014. Filed: Feb. 7, 2014.

553 Fed. Appx. 612

Marsha Wardlaw Clevenger, Anne E. Gardner, Cameron Charles McCree, Assistant U.S. Attorneys, Chris Givens, U.S. Attorney‘s Office, Little Rock, AR, for Plaintiff-Appellee.

Gladis Maldonado, Fort Worth, TX, pro se.

Lott Rolfe, IV, Rolfe Law Firm, North Little Rock, AR, for Defendant-Appellant.

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 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel‘s motion to withdraw, and we affirm.

Notes

1
The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.
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