United States v. Krystle Owen

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 18, 2023
• Docket: 23-1396
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1396 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Krystle Owen

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: October 13, 2023 Filed: October 18, 2023 [Unpublished] ____________

Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Krystle Owen appeals the within-Guidelines-range sentence imposed by the district court1 after she pled guilty to distribution of methamphetamine, in violation

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of 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 (8th Cir. 2009) (en banc) (substantive reasonableness of sentence reviewed for abuse of discretion; abuse of discretion occurs when district court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors); see also United States v. White, 506 F.3d 635, 644-45 (8th Cir. 2007) (pursuant to § 3553(a), district court may consider factors already taken into account in calculating advisory Guidelines range).

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

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