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United States v. Nathan Smith
681 F. App'x 575
| 8th Cir. | 2017
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Docket

*1 Before RILEY, ARNOLD, and COLLOTON, Circuit Judges.

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PER CURIAM.

In this direct criminal appeal, Nathan Smith challenges the district court’s [1] below-Guidelines-range sentence imposed following his guilty plea to bank fraud. *2 His counsel has moved to withdraw, and has filed a brief under Anders v. California , 386 U.S. 738 (1967), arguing that Smith’s sentence is substantively unreasonable because there is undue disparity between Smith’s sentence and the sentences imposed on his co-defendants. In a supplemental brief, Smith joins counsel in challenging the substantive reasonableness of his sentence based on the more favorable sentences that his co-defendants received.

Having carefully reviewed the district court’s careful articulation at sentencing of the multiple factors that guided the court in fashioning an appropriate sentence, we conclude that the sentence is not substantively unreasonable. See United States v. Miller , 57 F.3d 910, 917 (8th Cir. 2009). Further, we have reviewed the record as required by Penson v. Ohio , 488 U.S. 75 (1988), and find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

______________________________

-2-

[1] The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

Case Details

Case Name: United States v. Nathan Smith
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Mar 30, 2017
Citation: 681 F. App'x 575
Docket Number: 16-3493
Court Abbreviation: 8th Cir.
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