Filed: Jul. 25, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4572 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Allen Dwight Gailliot lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: July 19, 2017 Filed: July 25, 2017 [Unpublished] _ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. _ PER CURIAM. Allen Gailliot directly appeals after he pled guilty to a drug of
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4572 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Allen Dwight Gailliot lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: July 19, 2017 Filed: July 25, 2017 [Unpublished] _ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. _ PER CURIAM. Allen Gailliot directly appeals after he pled guilty to a drug off..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4572
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Allen Dwight Gailliot
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: July 19, 2017
Filed: July 25, 2017
[Unpublished]
____________
Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Allen Gailliot directly appeals after he pled guilty to a drug offense and the
district court1 sentenced him to a prison term below the calculated Guidelines range.
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
His counsel has moved to withdraw, and has filed a brief under Anders v. California,
386 U.S. 738 (1967), arguing that Gailliot’s sentence is substantively unreasonable.
Upon careful review, we conclude that the district court did not impose a
substantively unreasonable sentence. See United States v. Feemster,
572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (sentences are reviewed under deferential abuse-of-
discretion standard; discussing substantive reasonableness); see also United States
v. McCauley,
715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when district court has
varied below Guidelines range, it is “nearly inconceivable” that court abused its
discretion in not varying downward further). In addition, having independently
reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no
nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and
we affirm.
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