United States v. Nathaniel Lacy, No. 23-3242 (8th Cir. 2024)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Erickson, and Kobes, 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. 23-3242 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Nathaniel Lacy, also known as Nathaniel Bradley lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Northern ____________ Submitted: April 23, 2024 Filed: April 26, 2024 [Unpublished] ____________ Before GRUENDER, ERICKSON, and KOBES, Circuit Judges. ____________ PER CURIAM. Nathaniel Lacy appeals after he pleaded guilty to a drug distribution offense and the district court1 imposed a within-Guidelines sentence. His counsel has moved 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas. for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. After careful review, we conclude that the district court did not abuse its discretion in sentencing Lacy. 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 (8th Cir. 2014) (stating that on appeal, a within-Guidelines range sentence is presumed reasonable). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel leave to withdraw. ______________________________ -2-
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