U.S. Court of Appeals for the Eighth Circuit, 2022

United States v. Nicholas Moron-Rivera

United States v. Nicholas Moron-Rivera
U.S. Court of Appeals for the Eighth Circuit · Decided December 20, 2022

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 Smith ____________ Submitted: December 15, 2022 Filed: December 20, 2022 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.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 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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