UNITED STATES v. COLVIN (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff - Appellee v. Patrick Corey COLVIN, Defendant - Appellant

No. 19-1888

Decided: December 18, 2019

Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.

Martin Joseph McLaughlin Jacob Alden Schunk, U.S. Attorney's Office, Cedar Rapids, IA, for Plaintiff - Appellee. Patrick Corey Colvin, Oklahoma City, OK, pro se. Samuel Owen Cross, Assistant, Federal Public Defender'S Office, Cedar Rapids, IA, for Defendant - Appellant.

Patrick Colvin appeals the sentence the district court ¹ imposed after he pleaded guilty to a firearm offense. His counsel has moved 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 substantive reasonableness of the sentence.

After careful review, we conclude that the district court did not abuse its discretion in sentencing Colvin, as there was no indication that it overlooked a relevant 18 U.S.C. § 3553(a) factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); and the sentence was within the Guidelines range, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). Furthermore, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues for appeal.

Accordingly, we grant counsel's motion and affirm.

FOOTNOTES

1. The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

PER CURIAM.

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