United States v. Jason Eisenach

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 16, 2018
• Docket: 17-3781
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3781 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Jason August Eisenach,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the District of Minnesota - St. Paul ____________

Submitted: October 5, 2018 Filed: October 16, 2018 [Unpublished] ____________

Before LOKEN, COLLOTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Jason Eisenach appeals the sentence imposed by the district court1 after he pleaded guilty to child-pornography offenses. Eisenach’s counsel moved to withdraw

1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable.

We conclude that the district court did not impose an unreasonable sentence. The sentence was below the advisory guideline range. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court committed a clear error of judgment in weighing relevant factors. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); see also United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016).

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’s motion and affirm. ______________________________

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