United States v. Ruben Toledo, Jr.

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 23-2677 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Ruben Toledo, Jr., lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Southern District of Iowa - Western ____________ Submitted: February 29, 2024 Filed: March 5, 2024 [Unpublished] ____________

Before COLLOTON, KELLY, and GRASZ, Circuit Judges.

____________ PER CURIAM.

Ruben Toledo, Jr. appeals a sentence imposed by the district court1 after he pled guilty to an interstate domestic violence charge. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the substantive reasonableness of the sentence, and seeking leave to withdraw. We conclude that Toledo’s sentence was not substantively unreasonable, as there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc).

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 we grant counsel’s motion to withdraw.

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