United States v. Garret Horgdal

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 22, 2023
• Docket: 23-1206
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1206 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Garret Allen Horgdal

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: August 14, 2023 Filed: August 22, 2023 [Unpublished] ____________

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

PER CURIAM.

Garret Horgdal appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel moved to withdraw and

1 The Honorable Stephen H. Locher, United States District Judge for the Southern District of Iowa. filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

After careful review, we conclude the district court did not abuse its discretion in sentencing Horgdal. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States Sentencing Guidelines Manual range). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw and affirm. ______________________________

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