U.S. Court of Appeals for the Eighth Circuit, 2024

United States v. Derrick Scott

United States v. Derrick Scott
U.S. Court of Appeals for the Eighth Circuit · Decided January 29, 2024

United States v. Derrick Scott

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2466 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Derrick Maurice Scott lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: December 28, 2023 Filed: January 29, 2024 [Unpublished] ____________ Before COLLOTON, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM.

Derrick Maurice Scott appeals after a jury found him guilty of four drug and firearm offenses. The district court1 imposed the statutory-minimum prison sentence The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. on Count 2, and varied downward from the Guidelines and imposed sentences of time served on Counts 1, 3, and 4. Scott’s counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). In the Anders brief, counsel challenges the sentences imposed on Counts 1, 3, and 4, arguing that the district court abused its discretion by not imposing an even lower sentence or clearly erred by improperly weighing the sentencing factors.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. The record shows that the court considered the 18 U.S.C. § 3553(a) factors 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) (explaining that a sentencing court abuses its discretion when it fails to consider a 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 independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and find no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court and grant counsel leave to withdraw. ______________________________

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