United States v. Carlos Quezada-Garcia

Opinion

United States Court of Appeals For the Eighth Circuit

___________________________

No. 24-1690

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Carlos Alonso Quezada-Garcia

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court for the District of Minnesota

____________

Submitted: October 10, 2024 Filed: October 16, 2024

[Unpublished]

____________

Before LOKEN, SMITH, and KOBES, Circuit Judges.

____________

PER CURIAM.

Carlos Alonso Quezada-Garcia appeals the sentence imposed by the district 1 court after he pleaded guilty to a drug offense. His counsel has moved for leave to

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.

withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively 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) (en banc) (sentences are reviewed for substantive reasonableness under deferential abuse-of-discretion standard; abuse of discretion occurs when court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors). Further, the court imposed a sentence below the Guidelines range. See United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013).

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 grant counsel leave to withdraw, and affirm.

______________________________