United States v. Gaspar Francisco ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-3703
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gaspar Jose Francisco
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: July 18, 2018
Filed: July 30, 2018
[Unpublished]
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Before LOKEN, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Gaspar Francisco challenges the sentence the
district court1 imposed after he pleaded guilty to enticing a minor to engage in sexual
1
The Honorable Rebecca Ebinger, United States District Judge for the Southern
District of Iowa.
activity. His counsel has moved to withdraw and submitted a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable.
After careful review, we conclude that the district court did not impose an
unreasonable sentence, as there was no indication that it overlooked a relevant 18
U.S.C. § 3553 factor, or committed a clear error of judgment in weighing relevant
factors, see United States v. David, 682 F.3d 1074, 1077 (8th Cir. 2012) (standard of
review); United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); and the
sentence was within the Guidelines range, see United States v. Callaway, 762 F.3d
754, 760 (8th Cir. 2014). 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’s motion to withdraw, and affirm.
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