Opinion
No. 10-2970.
Submitted: December 27, 2010.
Filed: December 29, 2010.
Appeal from the United States District Court for the Northern District of Iowa.
John H. Lammers, Sioux City, IA, for Appellee.
Michael David Nelson, Omaha, NE, for Appellant.
David Dean Snider, Jr., Cedar Rapids, IA, pro se.
Before LOKEN, MURPHY, and BENTON, Circuit Judges.
[UNPUBLISHED]
David Snider, Jr., challenges the sentence imposed by the district court after he pled guilty to a drug offense. On appeal, his 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 Snider's 240-month prison sentence is unreasonable.
The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.
We review the imposition of a sentence under an abuse-of-discretion standard considering the substantive reasonableness of the sentence under the totality of the circumstances. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). We find no abuse of discretion. The sentence is not substantively unreasonable. See United States v. Berni, 439 F.3d 990, 992-93 (8th Cir. 2006) (per curiam) (reviewing sentence involving § 5K1.1 downward departure for reasonableness using abuse-of-discretion standard).
We reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and found no nonfrivolous issues for appeal. We affirm the judgment of the district court, and grant counsel's motion to withdraw, subject to counsel informing Snider about procedures for seeking rehearing or filing a petition for certiorari.