United States v. Juan Ordenas-Lucas

U.S. Court of Appeals for the Eighth Circuit

United States v. Juan Ordenas-Lucas

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3465 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Juan Ordenas-Lucas

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: June 14, 2021 Filed: June 18, 2021 [Unpublished] ____________

Before ERICKSON, MELLOY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Juan Ordenas-Lucas received a 276-month prison sentence after he pleaded guilty to sexually exploiting a minor by producing child pornography. See 18 U.S.C. § 2251(a), (e). Ordenas-Lucas’s counsel requests permission to withdraw and, in an Anders brief, suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). We affirm. We conclude that Ordenas-Lucas’s sentence is substantively reasonable. See United States v. McKanry, 628 F.3d 1010, 1022 (8th Cir. 2011) (recognizing that “it is nearly inconceivable” that once a district court has varied downward, it “abuse[s] its discretion in not varying downward [even] further” (quotation marks omitted)). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc).

Finally, we have independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. -2-

Reference

Status
Unpublished