United States v. Jeffery Stanbrough

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 5, 2019
• Docket: 18-3400
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3400 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jeffery Stanbrough, also known as Jeffrey Allen Stanbrough

lllllllllllllllllllllDefendant - Appellant ___________________________

No. 18-3401 ___________________________

lllllllllllllllllllllDefendant - Appellant ____________

Appeals from United States District Court for the Western District of Arkansas - Harrison ____________

Submitted: May 31, 2019 Filed: June 5, 2019 [Unpublished] ____________ Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges. ____________

PER CURIAM.

In these consolidated cases, Jeffery Stanbrough appeals the revocation sentence the district court1 imposed after he was found to have violated the terms of his supervised release, and the sentence imposed after he pleaded guilty to a new drug offense. His counsel has filed a brief that cites Anders v. California, 386 U.S. 738 (1967), and challenges the reasonableness of each sentence. Counsel has also moved for leave to withdraw.

We conclude that the district court imposed a substantively reasonable sentence in each case. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing substantive reasonableness); see also United States v. McGhee, 869 F.3d 703, 705 (8th Cir. 2017) (per curiam) (substantive reasonableness of revocation sentence is reviewed under same abuse-of-discretion standard that is applied to initial sentencing decisions); United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011) (district court need not mechanically recite 18 U.S.C. § 3553(a) factors, so long as it is clear from the record that court considered them in determining sentence).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and there are no non-frivolous issues for appeal. The judgments are affirmed, and counsel is granted leave to withdraw. ______________________________

1 The Honorable P.K. Holmes, III, United States District Judge for the Western District of Arkansas.

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