Opinion
No. 20-3465
06-18-2021
United States of America Plaintiff - Appellee v. Juan Ordenas-Lucas Defendant - Appellant
Appeal from United States District Court for the Western District of Arkansas - Fayetteville [Unpublished] Before ERICKSON, MELLOY, and STRAS, Circuit Judges. PER CURIAM.
Juan Ordenas-Lucas received a 276-month prison sentence after he pleaded guilty to sexually exploiting a minor by producing child pornography. See 18 U.S.C. § 2251(a), (e). Ordenas-Lucas's counsel requests permission to withdraw and, in an Anders brief, suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). We affirm.
We conclude that Ordenas-Lucas's sentence is substantively reasonable. See United States v. McKanry, 628 F.3d 1010, 1022 (8th Cir. 2011) (recognizing that "it is nearly inconceivable" that once a district court has varied downward, it "abuse[s] its discretion in not varying downward [even] further" (quotation marks omitted)). The record establishes that the district court 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 (8th Cir. 2009) (en banc).
The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.
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.