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United States v. Dwayne Appling, 14-1456 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 14-1456 Visitors: 27
Filed: Oct. 20, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-1456 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dwayne Appling lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa, Waterloo _ Submitted: October 14, 2014 Filed: October 20, 2014 [Unpublished] _ Before WOLLMAN, BYE, and SMITH, Circuit Judges. _ PER CURIAM. Dwayne Appling directly appeals the sentences imposed by the district court1 afte
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 14-1456
                        ___________________________

                             United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                                  Dwayne Appling

                      lllllllllllllllllllll Defendant - Appellant
                                      ____________

                     Appeal from United States District Court
                    for the Northern District of Iowa, Waterloo
                                  ____________

                           Submitted: October 14, 2014
                             Filed: October 20, 2014
                                 [Unpublished]
                                 ____________

Before WOLLMAN, BYE, and SMITH, Circuit Judges.
                          ____________

PER CURIAM.

       Dwayne Appling directly appeals the sentences imposed by the district court1
after he pleaded guilty to drug offenses. His counsel has moved to withdraw, and has

      1
      The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
filed a brief under Anders v. California, 
386 U.S. 738
(1967), arguing the sentences
are unreasonable.

      After careful review, we conclude that Appling’s within-Guidelines-range
sentences are not unreasonable. See United States v. Feemster, 
572 F.3d 455
, 461
(8th Cir. 2009) (en banc) (appellate review of sentencing decision). Also, having
independently reviewed the record in accordance with Penson v. Ohio, 
488 U.S. 75
,
80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion
to withdraw, and we affirm.
                       ______________________________




                                        -2-

Source:  CourtListener

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