United States v. Adam Facundo

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 30, 2020
• Docket: 20-1252
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1252 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Adam Lee Facundo,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: October 27, 2020 Filed: October 30, 2020 [Unpublished] ____________

Before COLLOTON, KELLY, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Adam Facundo appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was 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. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (substantive reasonableness is reviewed for abuse of discretion); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014).

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

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