United States v. Darryl Green, No. 22-3027 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Melloy, and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not impose a substantively unreasonable sentence. [ January 13, 2023 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3027 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Darryl Keath Green lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: January 11, 2023 Filed: January 17, 2023 [Unpublished] ____________ Before GRUENDER, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Darryl Green appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and has filed 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. 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, 461-62 (8th Cir. 2009) (en banc) (sentences are reviewed for substantive reasonableness under deferential abuse-of-discretion standard; discussing substantive reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (within-Guidelines sentence is presumed reasonable). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court and grant counsel’s motion to withdraw. ______________________________ -2-
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