United States v. Reginald Counts

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 10, 2023
• Docket: 23-1504
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1504 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Reginald Counts,

lllllllllllllllllllllDefendant - Appellant. ____________

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

Submitted: June 20, 2023 Filed: July 10, 2023 [Unpublished] ____________

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

PER CURIAM.

Reginald Counts appeals a sentence imposed by the district court1 after Counts pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence.

We conclude that Counts’s sentence was not unreasonable, as 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 the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014).

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

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