United States v. Johnathan Mitchell

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 17, 2023
• Docket: 23-1200
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1200 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Johnathan Dewayne Mitchell

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: July 28, 2023 Filed: August 17, 2023 [Unpublished] ____________

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

PER CURIAM. Jonathan Mitchell appeals the sentence imposed by the district court1 after he pleaded guilty to robbery. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (sentences are reviewed for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors). The record establishes that the district court adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a). See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and grant counsel’s motion to withdraw. ______________________________

1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa.

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