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United States v. ZoAnn Brown, 07-2136 (2008)

Court: Court of Appeals for the Eighth Circuit Number: 07-2136 Visitors: 36
Filed: Feb. 04, 2008
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2136 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. ZoAnn Brown, * * [UNPUBLISHED] Appellant. * _ Submitted: January 2, 2008 Filed: February 4, 2008 _ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. _ PER CURIAM. ZoAnn Brown appeals the 292-month prison sentence the district court1 imposed after she pleaded guilty to possessing with intent to di
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 07-2136
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Northern District of Iowa.
ZoAnn Brown,                            *
                                        *     [UNPUBLISHED]
             Appellant.                 *
                                   ___________

                             Submitted: January 2, 2008
                                 Filed: February 4, 2008
                                 ___________

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

PER CURIAM.

       ZoAnn Brown appeals the 292-month prison sentence the district court1
imposed after she pleaded guilty to possessing with intent to distribute 500 grams or
more of a methamphetamine mixture containing 50 grams or more of actual
methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). In a brief filed
under Anders v. California, 
386 U.S. 738
(1967), Brown’s counsel seeks permission
to withdraw.



      1
        The Honorable Mark W. Bennett, United States District Judge for the Northern
District of Iowa.
       We conclude that Brown’s within-Guidelines-range sentence is not
unreasonable because nothing in the record indicates the court overlooked a relevant
factor, gave significant weight to an improper factor, or, in weighing the appropriate
factors, made a clear error of judgment. See Rita v. United States, 
127 S. Ct. 2456
,
2462-68 (2007) (appellate presumption of reasonableness); United States v. Haack,
403 F.3d 997
, 1003-04 (8th Cir. 2005) (reasonableness factors).

       After reviewing the record independently under Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to
withdraw, conditioned on counsel informing appellant about the procedures for filing
a petition for rehearing for certiorari, and we affirm the district court’s judgment.
                        ______________________________




                                         -2-

Source:  CourtListener

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