United States v. Gina Hendrix

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 24, 2024
• Docket: 23-2892
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2892 ___________________________

United States of America

Plaintiff - Appellee

v.

Gina Denise Hendrix

Defendant - Appellant ____________

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

Submitted: January 18, 2024 Filed: January 24, 2024 [Unpublished] ____________

Before BENTON, KELLY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Gina Hendrix received a 132-month sentence after she pleaded guilty to conspiring to distribute methamphetamine and possessing it with intent to distribute. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). We conclude otherwise. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (reviewing the reasonableness of a sentence for an abuse of discretion). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. McDaniels, 19 F.4th 1065, 1067 (8th Cir. 2021) (per curiam) (explaining that the district court has “wide latitude to weigh the relevant sentencing factors” and “weighing [them] differently than a defendant would have preferred does not alone justify reversal” (citation omitted)).

We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. -2-