United States v. Todd Farver, No. 19-1255 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Gruender and Kobes, Circuit Judges] Criminal case - Sentencing. Anders case. Within-guidelines sentence was not substantively unreasonable. [ September 12, 2019
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1255 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Todd Roger Farver lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: September 6, 2019 Filed: September 13, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. ____________ PER CURIAM. Todd Farver appeals the sentence the district court1 imposed after he pleaded guilty to a child pornography offense. His counsel has moved to withdraw and has 1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. After careful review, we conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court considered an improper or irrelevant factor or committed a clear error in weighing relevant factors. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (discussing appellate review of sentencing decisions). Further, the court imposed a sentence within the calculated guidelines imprisonment range. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-guidelines-range sentence is presumed reasonable). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________ -2-
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