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United States v. James Glass, 08-2729 (2009)

Court: Court of Appeals for the Eighth Circuit Number: 08-2729 Visitors: 32
Filed: Dec. 11, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-2729 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. James L. Glass, also known as * Youngster, also known as Bazz, * [UNPUBLISHED] also known as Jboy, also known as * Bazzy, also known as Bass, * also known as JB, * * Appellant. * _ Submitted: October 16, 2009 Filed: December 11, 2009 _ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. _ PER CURIAM.
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 08-2729
                                  ___________

United States of America,             *
                                      *
             Appellee,                *
                                      * Appeal from the United States
      v.                              * District Court for the
                                      * District of Nebraska.
James L. Glass, also known as         *
Youngster, also known as Bazz,        * [UNPUBLISHED]
also known as Jboy, also known as     *
Bazzy, also known as Bass,            *
also known as JB,                     *
                                      *
             Appellant.               *
                                 ___________

                             Submitted: October 16, 2009
                                Filed: December 11, 2009
                                 ___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
                          ___________

PER CURIAM.

      James Glass appeals the 130-month sentence the district court1 imposed after
he pleaded guilty to a drug offense. His counsel has filed a brief under Anders v.
California, 
386 U.S. 738
(1967), in which she moves to withdraw and suggests that



      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
the district court erred in ordering Glass’s federal sentence to run consecutively to a
state sentence he was serving on an unrelated offense.

       We hold that the district court did not abuse its discretion in imposing a
consecutive sentence. See United States v. Winston, 
456 F.3d 861
, 867 (8th Cir.
2006) (district court’s decision to impose consecutive or concurrent sentence reviewed
for reasonableness); United States v. Haack, 
403 F.3d 997
, 1003 (8th Cir. 2005)
(standard of review is whether district court abused discretion by imposing
unreasonable sentence). The court noted its obligation to consider the 18 U.S.C.
§ 3553(a) factors, recited the factors, and explained its decision to run the federal
sentence consecutively to the state sentence. See 18 U.S.C. § 3584(b) (directing
district court to consider § 3553(a) factors in determining whether sentence should run
consecutively to or concurrently with another sentence); 
Winston, 456 F.3d at 868
(sentence affirmed where district court explained its decision to run sentence
consecutively and cited § 3553(a) factors).

      Having reviewed the record independently under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel’s
request to withdraw subject to counsel informing Glass of the procedures for seeking
rehearing or filing a petition for writ of certiorari, and we affirm the judgment.
                        ______________________________




                                         -2-

Source:  CourtListener

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