United States v. Rodney Reed

U.S. Court of Appeals for the Eighth Circuit

United States v. Rodney Reed

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1218 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Rodney Reed

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: August 24, 2022 Filed: August 30, 2022 [Unpublished] ____________

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

PER CURIAM.

Rodney Reed received a 180-month prison sentence after he pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1), 924(a)(2), and possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. § 924(c)(1)(A). An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). A pro se supplemental brief makes the same argument.

We conclude that the sentence is substantively reasonable. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines sentence is presumed reasonable). 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, 461–62 (8th Cir. 2009) (en banc).

We have also independently reviewed the record and conclude that no other nonfrivolous 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Unpublished