United States v. Tony Evans

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 24-1723 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Tony Evans, also known as Big Boy lllllllllllllllllllllDefendant - Appellant

____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 11, 2024 Filed: September 16, 2024 [Unpublished] ____________

Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.

____________ PER CURIAM.

Tony Evans appeals the sentence imposed by the district court1 after he pled guilty to drug offenses. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of his 130-month term of imprisonment.

After careful review, we conclude that the term of imprisonment is not substantively unreasonable. See United States v. Lozoya, 623 F.3d 624, 625 (8th Cir. 2010) (standard of review). There is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment when it imposed the prison term. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc). Additionally, the 130-month term is within the Guidelines range, and therefore presumptively reasonable. See United States v. Foard, 108 F.4th 729, 738 (8th Cir. 2024).

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 the judgment, and grant counsel’s motion to withdraw.

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