United States v. Warren Nelson Anderson, Jr.

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 14, 2019
• Docket: 18-1726
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1726 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Warren Nelson Anderson, Jr.

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota - St. Paul ____________

Submitted: December 4, 2018 Filed: January 14, 2019 [Unpublished] ____________

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

PER CURIAM.

Warren Nelson Anderson, Jr. directly appeals the sentence imposed by the district court1 after he pleaded guilty to receipt of child pornography. In a brief filed

1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. under Anders v. California, 386 U.S. 738 (1967), Anderson argues that his sentence of 90 months in prison, below the agreed-upon Guidelines imprisonment range of 121 to 151 months, is substantively unreasonable, essentially relying on a policy-based challenge to the Guidelines in child pornography cases, see United States v. Collins, 828 F.3d 386, 389 (6th Cir. 2016) (noting plausibility of rejecting Guidelines sentencing ranges in child pornography cases based on policy disagreements). Following careful review, we find no abuse of discretion. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (explaining that, after a court of appeals ensures that the district court committed no significant procedural error, sentences are reviewed under a deferential abuse-of-discretion standard).

In addition, after independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw. ______________________________

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