United States v. Nicholas Moron-Rivera
United States v. Nicholas Moron-Rivera
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 22-2086 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nicholas Moron-Rivera, also known as Nico
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________
Submitted: December 15, 2022 Filed: December 20, 2022 [Unpublished] ____________
Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges. ____________
PER CURIAM.
Nicholas Moron-Rivera appeals the sentence imposed by the district court1 after he pleaded guilty to drug offenses. His counsel has moved for leave to
1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable.
Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence, as the court properly considered the factors listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentences for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when the court fails to consider relevant factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment in weighing the appropriate factors). 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 we grant counsel’s motion to withdraw. ______________________________
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Reference
- Status
- Unpublished