United States v. Jason Ballou, No. 23-3149 (8th Cir. 2024)

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Court Description: [Per Curiam - Before, Benton, Grasz, and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not abuse its discretion in sentencing defendant.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3149 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jason William Ballou lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa ____________ Submitted: April 16, 2024 Filed: April 19, 2024 [Unpublished] ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Jason Ballou appeals after he pled guilty to a firearm offense and the district court imposed a sentence within the United States Sentencing Guidelines Manual 1 1 The Honorable Leonard T. Strand, then Chief Judge, now United States District Judge for the Northern District of Iowa. range. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), and seeks leave to withdraw. After careful independent review under Penson v. Ohio, 488 U.S. 75 (1988), we find no basis for a nonfrivolous challenge to Ballou’s conviction, and we also conclude the district court did not abuse its discretion in sentencing Ballou. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th Cir. 2014) (“A sentence which falls within the guideline range is presumed to be reasonable[.]”) Accordingly, we grant counsel leave to withdraw and affirm. ______________________________ -2-

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