United States v. Troy Pitzen

U.S. Court of Appeals for the Eighth Circuit

United States v. Troy Pitzen

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2194 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Troy John Pitzen

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: October 6, 2022 Filed: October 12, 2022 [Unpublished] ____________

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

PER CURIAM.

Troy John Pitzen appeals the within-Guidelines-range sentence the district 1 court imposed after he pleaded guilty to making a false statement to a federal agency.

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of 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) (en banc) (reviewing sentence under deferential abuse-of- discretion standard; discussing substantive reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence presumed reasonable).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and affirm. _____________________________

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Reference

Status
Unpublished