United States v. Skyler Sanders

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1549 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Skyler F. Sanders

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: August 9, 2022 Filed: August 24, 2022 [Unpublished] ____________

Before SHEPHERD, MELLOY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Skyler Sanders received a 96-month sentence after a jury found him guilty of possession with intent to distribute cocaine base. 21 U.S.C. § 841(a)(1), (b)(1)(B). An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). We conclude that the sentence is substantively reasonable. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines sentence is presumed reasonable). The record establishes that the district court1 sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc); see also United States v. Gray, 533 F.3d 942, 944 (8th Cir. 2008) (examining the entire sentencing record).

Finally, we have independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-