United States v. Stephen Miles

U.S. Court of Appeals for the Eighth Circuit

United States v. Stephen Miles

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1921 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Stephen Alexander Miles

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Eastern ____________

Submitted: September 17, 2021 Filed: September 30, 2021 [Unpublished] ____________

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Stephen Miles appeals the sentence imposed by the district court1 after he pleaded guilty to a firearm offense. His counsel has moved for leave to withdraw,

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (sentences are reviewed for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors). The record establishes that the district court adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a). See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and grant counsel’s motion to withdraw. ______________________________

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Reference

Status
Unpublished