United States v. Ken Tran

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 20, 2023
• Docket: 22-3622
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-3622 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Ken Trang Tran

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: April 17, 2023 Filed: April 20, 2023 [Unpublished] ____________

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

PER CURIAM. Ken Tran appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense. 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, as the court properly considered the factors listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentences for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when the court fails to consider relevant factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment in weighing the appropriate factors); see also United States v. Mangum, 625 F.3d 466, 469-70 (8th Cir. 2010) (upward variance was reasonable where court made individualized assessment based on facts presented).

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 we grant counsel’s motion to withdraw. ______________________________

1 The Honorable John A. Ross, United States District Court Judge for the Eastern District of Missouri.

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