United States v. Michael Shrock

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 25, 2022
• Docket: 21-2765
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2765 ___________________________

United States of America

Plaintiff - Appellee

v.

Michael James Shrock

Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: February 22, 2022 Filed: February 25, 2022 [Unpublished] ____________

Before BENTON, KELLY, and KOBES, Circuit Judges. ____________

PER CURIAM.

Michael Shrock appeals the sentence imposed by the district court 1 after he pled guilty to drug and firearm offenses. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. His counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence. 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) (reviewing sentences 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); 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).

This court has also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and has found no non-frivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________

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