United States v. Garret Horgdal, No. 23-1206 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Shepherd, Grasz, and Kobes, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-guidelines range sentence was not substantively unreasonable. [ August 21, 2023 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1206 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Garret Allen Horgdal lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa ____________ Submitted: August 14, 2023 Filed: August 22, 2023 [Unpublished] ____________ Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Garret Horgdal appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel moved to withdraw and 1 The Honorable Stephen H. Locher, 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 the district court did not abuse its discretion in sentencing Horgdal. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States Sentencing Guidelines Manual range). Further, 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 leave to withdraw and affirm. ______________________________ -2-

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