United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1451 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

James Willis

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: September 27, 2021 Filed: September 30, 2021 [Unpublished] ____________

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

PER CURIAM.

James Willis appeals the sentence imposed by the district court1 after he pleaded guilty to drug and firearm offenses. His counsel has moved for leave to

1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. withdraw, 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 correctly calculated Willis’s offense level and criminal history category. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (construction and application of Guidelines are reviewed de novo). We also 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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