UNITED STATES v. SCHWITZER (2020)

[Unpublished]

Myles Schwitzer pleaded guilty to using a communication facility to commit a felony drug crime, 21 U.S.C. § 843(b), and received a within-Guidelines-range sentence of three years of probation. In an Anders brief, Schwitzer’s counsel identifies the substantive reasonableness of the sentence as an issue for us to consider on appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We conclude that Schwitzer’s sentence is substantively reasonable. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines-range sentence is presumptively reasonable). The record establishes that the district court ¹ sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and conclude that there are no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court.

FOOTNOTES

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

PER CURIAM.