United States v. Charles Johnson, No. 17-1974 (8th Cir. 2018)

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Court Description: Per Curiam - Before Benton, Murphy and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-guidelines sentence was not a procedurally or substantively unreasonable sentence.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1974 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Charles Johnson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: February 6, 2018 Filed: February 9, 2018 [Unpublished] ____________ Before BENTON, MURPHY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Charles Johnson appeals the within-Guidelines-range sentence the district court imposed after he pled guilty to conspiring to interfere with commerce by 1 1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. robbery, and brandishing a firearm in furtherance of a crime of violence. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), discussing the procedural and substantive reasonableness of the sentence. Upon careful review, we conclude that the district court did not impose a procedurally or substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 460-61 (8th Cir. 2009) (en banc) (reviewing sentence under deferential abuse-of-discretion standard; discussing procedural and substantive reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (within-Guidelines-range sentence is presumed reasonable). In addition, 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 grant counsel’s motion to withdraw and affirm. ______________________________ -2-

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