Opinion
No. 15-2616
01-11-2016
United States of America Plaintiff - Appellee v. Dong Pyou Han Defendant - Appellant
Appeal from United States District Court for the Southern District of Iowa - Des Moines [Unpublished] Before SMITH, BYE, and SHEPHERD, Circuit Judges. PER CURIAM.
Dong Pyou Han directly appeals the 57-month sentence imposed by the district court after he pleaded guilty to making false statements. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that the within-Guidelines sentence was not substantively unreasonable. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (under substantive review, district court abuses its discretion if it fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors); United States v. Cook, 698 F.3d 667, 670 (8th Cir. 2012) (treating within-Guidelines sentence as presumptively reasonable on appeal). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal.
The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. --------
Accordingly, we affirm the judgment, and we grant counsel's motion to withdraw.