United States v. Oscar Martinez Florez

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 15, 2021
• Docket: 21-1768
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1768 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Oscar Ernesto Martinez Florez, also known as Pedro, also known as Oscar Escobar Martinez

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: November 12, 2021 Filed: November 15, 2021 [Unpublished] ____________

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

PER CURIAM.

Oscar Ernesto Martinez Florez appeals the sentence the district court1 imposed after he pleaded guilty to drug and firearm offenses. His counsel has moved to

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable.

Having reviewed the record under a deferential abuse-of-discretion standard of review, see Gall v. United States, 552 U.S. 38, 41, 51 (2007), we conclude the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc); see also United States v. Dunn, 928 F.3d 688, 694 (8th Cir. 2019). We have independently reviewed the record 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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