Opinion
22-1549
08-24-2022
United States of America Plaintiff - Appellee v. Skyler F. Sanders Defendant-Appellant
UNPUBLISHED
Submitted: August 9, 2022
Appeal from United States District Court for the District of Nebraska - Omaha
Before SHEPHERD, MELLOY, and STRAS, Circuit Judges.
PER CURIAM
Skyler Sanders received a 96-month sentence after a jury found him guilty of possession with intent to distribute cocaine base. 21 U.S.C. § 841(a)(1), (b)(1)(B). An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967).
We conclude that the sentence is substantively reasonable. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines sentence is presumed reasonable). The record establishes that the district courtsufficiently 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, 461-62 (8th Cir. 2009) (en banc); see also United States v. Gray, 533 F.3d 942, 944 (8th Cir. 2008) (examining the entire sentencing record).
The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.
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.