UNITED STATES v. MAHATHATH (2019)

[Unpublished]

Jordan Lee Mahathath appeals the above-Guidelines sentence the district court ¹ imposed after he pled guilty to being a felon in possession of a firearm. 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), challenging the sentence as an abuse of discretion and substantively unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court did not abuse its discretion in sentencing Mahathath, as the record reflects the district court properly considered the 18 U.S.C. § 3553(a) factors. See United States v. Feemster, 572 F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc) (appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard); see also United States v. Thorne, 896 F.3d 861, 862-63 (8th Cir. 2018) (per curiam) (affirming upward variance of 83 months where court properly weighed § 3553(a) factors); United States v. Mangum, 625 F.3d 466, 469-70 (8th Cir. 2010) (upward variance was reasonable where court made individualized assessment based on the facts presented). The 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 Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.

PER CURIAM.