United States of America Plaintiff - Appellee v. Lewis Heggs, Jr. Defendant - Appellant

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United States Court of Appeals, Eighth Circuit.

United States of America Plaintiff - Appellee v. Lewis Heggs, Jr. Defendant - Appellant

No. 16-2631

    Decided: February 10, 2017

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

Lewis Heggs directly appeals after pleading guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). The district court 1 sentenced him to 96 months in prison, which was within the calculated Guidelines range. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the reasonableness of Heggs's sentence.

Upon careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentences for abuse of discretion and noting that if a sentence is within the Guidelines range, an appellate court may apply a presumption of reasonableness). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel's motion to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota.

PER CURIAM.

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