United States v. Rosco Lewis

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2348 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Rosco Demar Lewis lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: February 6, 2026 Filed: February 18, 2026 [Unpublished] ____________ Before LOKEN, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Rosco Lewis appeals the sentence the district court1 imposed after he pleaded guilty to drug offenses. His counsel has moved to withdraw and has filed a brief The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

After careful review, we conclude the district court did not abuse its discretion in sentencing Lewis. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that it is “nearly inconceivable” that the district court abused its discretion in not varying further when it varied below the United States Sentencing Guidelines Manual range). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non- frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw and affirm. ______________________________

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