United States v. Deshone Dodson

Court of Appeals for the Eighth Circuit·Decided October 5, 2020·No. 20-1452·Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit

No. 20-1452

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Deshone Lee Dodson

lllllllllllllllllllllDefendant - Appellant

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

Submitted: September 30, 2020 Filed: October 5, 2020

[Unpublished]

Before COLLOTON, BENTON, and KOBES, Circuit Judges.

PER CURIAM.

Deshone Lee Dodson appeals after he pleaded guilty to a drug offense, and the district court1 imposed a sentence at the bottom of the advisory sentencing guideline

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

range. His counsel has moved to withdraw, and has filed 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.

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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)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Feemster
572 F.3d 455 (Eighth Circuit, 2009)
United States v. Michael Munz
780 F.3d 1199 (Eighth Circuit, 2015)