United States v. Johnny Callen, No. 17-2372 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Murphy and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Within-Guidelines range sentence was not substantively unreasonable.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2372 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Johnny Wayne Callen lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Harrison ____________ Submitted: February 6, 2018 Filed: February 9, 2018 [Unpublished] ____________ Before BENTON, MURPHY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Johnny Callen directly appeals the within-Guidelines-range sentence the district court1 imposed after he pleaded guilty to enticing a minor to engage in sexual 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. activity. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable. Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal. Accordingly, the judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
