Filed: Apr. 24, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3286 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Carl Merlo lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: April 19, 2018 Filed: April 24, 2018 [Unpublished] _ Before GRUENDER, BENTON, and STRAS, Circuit Judges. _ PER CURIAM. Carl Merlo directly appeals after he pleaded guilty to a child-pornography ch
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3286 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Carl Merlo lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: April 19, 2018 Filed: April 24, 2018 [Unpublished] _ Before GRUENDER, BENTON, and STRAS, Circuit Judges. _ PER CURIAM. Carl Merlo directly appeals after he pleaded guilty to a child-pornography cha..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-3286
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Carl Merlo
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: April 19, 2018
Filed: April 24, 2018
[Unpublished]
____________
Before GRUENDER, BENTON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Carl Merlo directly appeals after he pleaded guilty to a child-pornography
charge and the district court1 varied downward from the calculated Guidelines range
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
to impose an 87-month prison term. His counsel has moved to withdraw and has filed
a brief under Anders v. California,
386 U.S. 738 (1967), arguing that Merlo’s
sentence is substantively unreasonable, as the court should have varied downward
further in light of various mitigating factors.
Upon careful review, we conclude that the district court did not impose an
unreasonable sentence. See United States v. Feemster,
572 F.3d 455, 461-62 (8th Cir.
2009) (en banc) (reviewing a sentence under the deferential abuse-of-discretion
standard and discussing substantive reasonableness); see also United States v.
McCauley,
715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when the district court
has varied below the Guidelines range, it is “nearly inconceivable” that the court
abused its discretion in not varying downward further).
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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