United States v. Shannon Straub

U.S. Court of Appeals for the Eighth Circuit
United States v. Shannon Straub, 671 F. App'x 405 (8th Cir. 2016)

United States v. Shannon Straub

Opinion

*406 PER CURIAM.

After pleading guilty to 3 counts of transporting individuals through interstate commerce for prostitution, Shannon Straub appeals the district court’s 1 within-Guidelines-range sentence. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence was substantively unreasonable.

We find no abuse of discretion in the district court’s sentence, as the court considered the 18 U.S.C. § 3553(a) factors and did not give significant weight to an improper or irrelevant factor or commit a clear error of judgment in weighing the factors, see United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009); and because within-Guidelines sentences are generally presumed reasonable, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). We have also independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues.

Accordingly, we affirm and grant counsel’s motion to withdraw.

1

. The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Shannon J. STRAUB Defendant-Appellant
Status
Unpublished