United States v. Antonio Russell

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 16, 2022
• Docket: 22-1600
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1600 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Antonio Deshawn Russell

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: August 11, 2022 Filed: August 16, 2022 [Unpublished] ____________

Before LOKEN, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Antonio Russell appeals the sentence imposed by the district court1 after he pleaded guilty to drug and firearm offenses. His counsel has moved to withdraw, and

1 The Honorable John A. Jarvey, then Chief Judge, United States District Court for the Southern District of Iowa, now retired. has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

Upon careful review, we conclude that the sentence is not substantively unreasonable, as the court did not commit a clear error of judgment in weighing the appropriate sentencing factors, see United States v. Peithman, 917 F.3d 635, 653 (8th Cir. 2019); United States v. Garcia, 946 F.3d 413, 419 (8th Cir. 2019); and the sentence is below the Guidelines range, see United States v. Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw and affirm. ______________________________

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