U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Adam Conn

United States v. Adam Conn
U.S. Court of Appeals for the Eighth Circuit · Decided November 1, 2023

United States v. Adam Conn

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1480 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Adam Carney Conn, also known as Adam Carney Marshall lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: October 26, 2023 Filed: November 1, 2023 [Unpublished] ____________ Before BENTON, KELLY, and STRAS, Circuit Judges. ____________ PER CURIAM.

Adam Conn appeals the sentence the district court1 imposed after he pleaded guilty to child pornography offenses. His counsel has moved for leave to withdraw, The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively 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. ยง 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461โ€“62 (8th Cir. 2009) (en banc) (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). Further, the court imposed a sentence below the Guidelines range. See United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013).

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

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