Filed: Sep. 04, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3516 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Juan Delacruz Albarran lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Harrison _ Submitted: August 29, 2018 Filed: September 4, 2018 [Unpublished] _ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Juan Albarran directly appeals the consecutive Guidelines-range sent
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3516 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Juan Delacruz Albarran lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Harrison _ Submitted: August 29, 2018 Filed: September 4, 2018 [Unpublished] _ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Juan Albarran directly appeals the consecutive Guidelines-range sente..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-3516
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Juan Delacruz Albarran
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: August 29, 2018
Filed: September 4, 2018
[Unpublished]
____________
Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Juan Albarran directly appeals the consecutive Guidelines-range sentence the
district court1 imposed after he pleaded guilty to drug and financial crime charges.
1
The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas.
His counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), arguing
that the sentence is unreasonable.
We conclude that the district court did not abuse its discretion in imposing a
fully consecutive sentence. See United States v. Winston,
456 F.3d 861, 867 (8th Cir.
2006) (standard of review). The court explicitly stated that it was considering the
factors in 18 U.S.C. § 3553(a) (factors to be considered in imposing sentence), and
there is no indication the court overlooked a relevant factor, gave significant weight
to an improper or irrelevant factor, or committed a clear error of judgment in weighing
relevant factors. See 18 U.S.C. § 3584(a)-(b) (imposition of concurrent or consecutive
prison terms; district court shall consider § 3553(a) factors in making determination);
United States v. Rutherford,
599 F.3d 817, 820-22 (8th Cir. 2010) (standard of review;
affirming where court discussed § 3553(a) factors and imposed consecutive
sentences).
We have independently reviewed the record pursuant to Penson v. Ohio,
488
U.S. 75 (1988), and found no nonfrivolous issues for appeal. Accordingly, we affirm.
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