UNITED STATES v. PEARSON (2018)

[Unpublished]

Dominic Keith Pearson directly appeals the below-Guidelines sentence the district court ¹ imposed after he pled guilty to sex crimes involving a minor. Counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After careful review, this court concludes that the district court did not abuse its discretion in sentencing Pearson. The record reflects that the district court considered the 18 U.S.C. § 3553(a) factors—including the seriousness of the offenses and Pearson’s history—and imposed a below-Guidelines sentence. See United States v. Feemster, 572 F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc); United States v. Stults, 575 F.3d 834, 849 (8th Cir. 2009); United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009). This court has independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and finds no nonfrivolous issues for appeal.

The judgment is affirmed. Counsel’s motion to withdraw is granted.

FOOTNOTES

1.   The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

PER CURIAM.