United States v. Michael Lewis, No. 21-1700 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Loken, Colloton, and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's below-guidelines-range sentence was not substantively unreasonable.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1700 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Michael Christopher Lewis lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: September 1, 2021 Filed: September 7, 2021 [Unpublished] ____________ Before LOKEN, COLLOTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Michael Lewis appeals the sentence the district court1 imposed after he pleaded guilty to drug and firearm offenses. His counsel has moved to withdraw and has filed 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. 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, as there was no indication that it overlooked a relevant 18 U.S.C. § 3553(a) factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); and the sentence was below the Guidelines range, see United States v. Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________ -2-

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