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United States v. Perez

United States Court of Appeals For the Eighth Circuit
Oct 16, 2019
No. 19-1603 (8th Cir. Oct. 16, 2019)

Opinion

No. 19-1603

10-16-2019

United States of America Plaintiff - Appellee v. Eric Perez Defendant - Appellant


Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before GRUENDER, BENTON, and STRAS, Circuit Judges. PER CURIAM.

Eric Perez appeals the sentence the district court imposed after he pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. --------

After careful review, we conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court considered an improper or irrelevant factor or committed a clear error in weighing relevant factors. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (discussing appellate review of sentencing decisions). Further, the court imposed a sentence within the calculated guidelines imprisonment range. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-guidelines-range sentence is presumed reasonable).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel's motion and affirm.


Summaries of

United States v. Perez

United States Court of Appeals For the Eighth Circuit
Oct 16, 2019
No. 19-1603 (8th Cir. Oct. 16, 2019)
Case details for

United States v. Perez

Case Details

Full title:United States of America Plaintiff - Appellee v. Eric Perez Defendant …

Court:United States Court of Appeals For the Eighth Circuit

Date published: Oct 16, 2019

Citations

No. 19-1603 (8th Cir. Oct. 16, 2019)