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United States v. Sheldon

United States Court of Appeals For the Eighth Circuit
Feb 25, 2015
No. 14-2903 (8th Cir. Feb. 25, 2015)

Opinion

No. 14-2903

02-25-2015

United States of America Plaintiff - Appellee v. Donald Richard Sheldon Defendant - Appellant


Appeal from United States District Court for the Northern District of Iowa - Dubuque [Unpublished] Before SMITH, GRUENDER, and BENTON, Circuit Judges. PER CURIAM.

Donald Sheldon directly appeals the sentence that the district court imposed upon his guilty plea to a drug offense. His counsel moves to withdraw, and in a brief filed under Anders v. California, 386 U.S. 738 (1967), he argues that the sentence is unreasonable.

The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.

Upon careful review, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (appellate review of sentencing decision), we conclude that the sentence is not unreasonable: the district court carefully considered relevant sentencing factors and did not commit a clear error in judgment in weighing the factors, and sentenced Sheldon at the bottom of the undisputed Guidelines range, see Gall v. United States, 552 U.S. 38, 51 (2007) (if sentence is within Guidelines range, appellate court may apply presumption of reasonableness); United States v. Bridges, 569 F.3d 374, 379 (8th Cir. 2009) (sentencing court has wide latitude to weigh 18 U.S.C. § 3553(a) factors and assign some factors greater weight than others). Further, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues.

Accordingly, we grant counsel's motion to withdraw, and we affirm.


Summaries of

United States v. Sheldon

United States Court of Appeals For the Eighth Circuit
Feb 25, 2015
No. 14-2903 (8th Cir. Feb. 25, 2015)
Case details for

United States v. Sheldon

Case Details

Full title:United States of America Plaintiff - Appellee v. Donald Richard Sheldon…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Feb 25, 2015

Citations

No. 14-2903 (8th Cir. Feb. 25, 2015)