Opinion
22-3622
04-20-2023
United States of America Plaintiff-Appellee v. Ken Trang Tran Defendant-Appellant
Unpublished
Submitted: April 17, 2023
Appeal from United States District Court for the Eastern District of Missouri - St. Louis
Before GRUENDER, SHEPHERD, and GRASZ, Circuit Judges.
PER CURIAM.
Ken Tran appeals the sentence imposed by the district court after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.
The Honorable John A. Ross, United States District Court Judge for the Eastern District of Missouri.
Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence, as the court properly considered the factors listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461 -62 (8th Cir. 2009) (en banc) (reviewing sentences for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when the court fails to consider relevant factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment in weighing the appropriate factors); see also United States v. Mangum, 625 F.3d 466, 469-70 (8th Cir. 2010) (upward variance was reasonable where court made individualized assessment based on facts presented).
We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel's motion to withdraw.