Filed: Mar. 28, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2756 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jessie Robinson, also known as Lil Jessie lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: March 23, 2016 Filed: March 28, 2016 [Unpublished] _ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Jessie Robinson appeals after imposition of sen
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2756 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jessie Robinson, also known as Lil Jessie lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: March 23, 2016 Filed: March 28, 2016 [Unpublished] _ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Jessie Robinson appeals after imposition of sent..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2756
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jessie Robinson, also known as Lil Jessie
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: March 23, 2016
Filed: March 28, 2016
[Unpublished]
____________
Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
____________
PER CURIAM.
Jessie Robinson appeals after imposition of sentence by the district court1 upon
his guilty plea to a drug conspiracy charge. Counsel has moved to withdraw, and in
1
The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.
a brief filed under Anders v. California,
386 U.S. 738 (1967), he argues that the
sentence, which represents a variance above the calculated Guidelines range, is
unreasonable. In a supplemental brief, Robinson argues that the court abused its
discretion by varying upward without explanation, and without discussing the 18
U.S.C. § 3553(a) sentencing factors.
After careful review, see United States v. Feemster,
572 F.3d 455, 461 (8th Cir.
2002) (en banc) (appellate review of sentencing decision), we conclude that the
district court committed no procedural error, and that the sentence is not substantively
unreasonable. The court entertained written and oral arguments--and engaged in an
interactive discussion with counsel, and with Robinson--on an appropriate sentence.
The court emphasized the need to protect the public from Robinson’s future crimes,
and to deter him from further criminal activity. The court noted that Robinson’s
behavior was inconsistent with his professed desire to be productive and care for his
son; and the court expressed great concern over Robinson’s history of irresponsible
and violent behavior, and his recidivism. We conclude that the district court provided
a detailed, careful, and reasoned explanation for the upward variance, relying on
relevant factors under section 3553(a). See 18 U.S.C. § 3553(a); United States v.
Jordan,
573 F.3d 586, 590 (8th Cir. 2009) (per curiam) (where court makes
individualized assessment based on facts presented, addressing defendant’s proffered
information in consideration of § 3553(a) factors, sentence is not unreasonable);
Feemster, 572 F.3d at 461-62 (appeals court takes into account totality of
circumstances, and considers extent of deviation, but must give due deference to
district court’s decision that § 3553(a) factors as a whole justify extent of variance).
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 deny the motions for appointment of new counsel.
The judgment is affirmed.
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