United States v. Peerachet Thipboonngam

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 30, 2020
• Docket: 20-1024
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1024 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Peerachet Thipboonngam

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: July 21, 2020 Filed: July 30, 2020 [Unpublished] ____________

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

PER CURIAM.

Peerachet Thipboonngam appeals after he pled guilty to sex-trafficking and money-laundering offenses, and the district court1 imposed a sentence below the

1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. advisory range under the United States Sentencing Guidelines Manual. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting the district court erred in calculating the base offense level and Thipboonngam’s sentence is substantively unreasonable.

We conclude Thipboonngam waived his challenge to the base offense level. See United States v. Evenson, 864 F.3d 981, 983 (8th Cir. 2017) (“By raising and then withdrawing an objection . . . [a defendant] demonstrate[s] the intentional relinquishment or abandonment of his right to argue the point.”) (internal quotation marks omitted). We also conclude the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentence under deferential abuse-of-discretion standard and discussing substantive reasonableness). In addition, having reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we grant counsel leave to withdraw. ______________________________

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