United States v. John Soper, No. 22-3280 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Benton, Shepherd, and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3280 ___________________________ United States of America Plaintiff Appellee v. John Herman Soper Defendant Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: March 6, 2023 Filed: March 9, 2023 [Unpublished] ____________ Before BENTON, SHEPHERD, and ERICKSON, Circuit Judges. ____________ PER CURIAM. John Soper appeals the sentence imposed by the district court1 after he pleaded guilty to drug and firearm offenses. His counsel has moved for leave to withdraw, 1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence, as the court properly considered the factors listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentences for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when the court fails to consider relevant factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment in weighing the appropriate factors). Further, the court imposed a sentence below the Guidelines range. See United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when the district court has varied below the Guidelines range, it is “nearly inconceivable” that the court abused its discretion in not varying further). 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, and we grant counsel’s motion to withdraw. ______________________________ -2-
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