United States v. Andrew Hawkins

Court of Appeals for the Eighth Circuit·Decided August 6, 2026·No. 26-1159·Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit

No. 26-1159

United States of America

Plaintiff - Appellee

v.

Andrew Lee Hawkins

Defendant - Appellant

Appeal from United States District Court for the Southern District of Iowa - Central

Submitted: August 3, 2026 Filed: August 6, 2026

[Unpublished]

Before GRASZ, ERICKSON, and STRAS, Circuit Judges.

PER CURIAM.

Andrew Hawkins received a 300-month sentence after he pleaded guilty to producing child pornography. See 18 U.S.C. § 2251(a), (e). An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967).

We conclude otherwise. See United States v. Feemster, 572 F.3d 455, 461– 62 (8th Cir. 2009) (en banc) (reviewing for an abuse of discretion). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, see 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. McDaniels, 19 F.4th 1065, 1067 (8th Cir. 2021) (per curiam) (explaining that the district court has “latitude to weigh the relevant sentencing factors . . . differently than a defendant would have preferred” (citation omitted)).

We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw.

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
United States v. Feemster
572 F.3d 455 (Eighth Circuit, 2009)
United States v. Sean McDaniels
19 F.4th 1065 (Eighth Circuit, 2021)