United States v. Steven Warner

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2278 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Steven Warner

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: December 15, 2023 Filed: December 20, 2023 [Unpublished] ____________

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

PER CURIAM.

Steven Warner appeals after he pleaded guilty to conspiring to distribute methamphetamine. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence. Upon careful review, we conclude that the district court1 did not err in applying weapon-possession and role enhancements. See United States v. Anderson, 618 F.3d 873, 879 (8th Cir. 2010). We also conclude that the district court did not err in imposing the below-Guidelines sentence that Warner received, as the record reflects that the court properly calculated the Guidelines range and considered the 18 U.S.C. § 3553(a) factors, and there is no indication the court overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v. Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam).

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

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

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