United States v. Dairron Robinson

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 15, 2024
• Docket: 23-3782
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3782 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Dairron Robinson

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: July 10, 2024 Filed: July 15, 2024 [Unpublished] ____________

Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Dairron Robinson appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved to withdraw

1 The Honorable Matthew T. Schelp, United States District Judge for the Eastern District of Missouri. and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence.

Upon careful review, we conclude 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 (8th Cir. 2009) (en banc) (substantive reasonableness of sentence reviewed for abuse of discretion; 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); see also United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that it is “nearly inconceivable” that district court abused its discretion in not varying further when it varied below Guidelines range).

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

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