United States v. Deangelio Noye

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 12, 2020
• Docket: 20-1300
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1300 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Deangelio Noye

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: June 9, 2020 Filed: June 12, 2020 [Unpublished] ____________

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

PER CURIAM.

Deangelio Noye appeals the sentence imposed by the district court1 after he pleaded guilty to a firearm offense. His counsel has moved to withdraw, and has filed

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

Upon careful review under a deferential abuse-of-discretion standard, see Gall v. United States, 552 U.S. 38, 41 (2007), we conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. Munz, 780 F.3d 1199, 1200-01 (8th Cir. 2015) (per curiam). Finally, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal.

Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment. ______________________________

-2-