United States v. Michael Gray

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 10, 2022
• Docket: 22-2287
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2287 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Michael Gray,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: October 31, 2022 Filed: November 10, 2022 [Unpublished] ____________

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

PER CURIAM.

Michael Gray appeals a sentence imposed by the district court1 after Gray pleaded guilty to a child pornography offense. His counsel has moved to withdraw

1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence.

We conclude that Gray’s sentence was not unreasonable, as there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors, see United States v. Pickar, 666 F.3d 1167, 1169 (8th Cir. 2012), and the court made an individualized assessment based on the facts presented in its consideration of the 18 U.S.C. § 3553(a) factors, see United States v. Mangum, 625 F.3d 466, 470 (8th Cir. 2010).

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, and we grant counsel’s motion to withdraw. ______________________________

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