United States v. Victor Elias-Rodriguez

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 10, 2022
• Docket: 22-2267
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2267 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Victor Alberto Elias-Rodriguez

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: November 7, 2022 Filed: November 10, 2022 [Unpublished] ____________

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

PER CURIAM.

Victor Elias-Rodriguez appeals the sentence imposed by the district court1 after he pleaded guilty to production of child pornography. His counsel has moved to

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

Upon careful review, we conclude that the sentence is not substantively unreasonable, as the court did not commit a clear error of judgment in weighing the appropriate sentencing factors, see United States v. Garcia, 946 F.3d 413, 419 (8th Cir. 2019); and the sentence is below the Guidelines range, see 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. ______________________________

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