United States of America Plaintiff - Appellee v. Johnny Wayne Callen Defendant - Appellant

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United States Court of Appeals, Eighth Circuit.

United States of America Plaintiff - Appellee v. Johnny Wayne Callen Defendant - Appellant

No. 17-2372

Decided: February 09, 2018

Before BENTON, MURPHY, and ERICKSON, Circuit Judges.

Johnny Callen directly appeals the within-Guidelines-range sentence the district court 1 imposed after he pleaded guilty to enticing a minor to engage in sexual activity. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal. Accordingly, the judgment is affirmed, and counsel's motion to withdraw is granted.

FOOTNOTES

1.   The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.

PER CURIAM.