UNITED STATES v. EISENACH (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Jason August EISENACH, Defendant - Appellant.

No. 17-3781

Decided: October 16, 2018

Before LOKEN, COLLOTON, and STRAS, Circuit Judges. Craig Raymond Baune, Assistant U.S. Attorney, Katharine Thornton Buzicky, Assistant U.S. Attorney, Sarah Elizabeth Hudleston, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Plaintiff - Appellee Jason August Eisenach, Pro Se

[Unpublished]

Jason Eisenach appeals the sentence imposed by the district court ¹ after he pleaded guilty to child-pornography offenses. Eisenach’scounsel moved to withdraw and 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 substantively unreasonable.

We conclude that the district court did not impose an unreasonable sentence. The sentence was below the advisory guideline range. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court 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); see also United States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016).

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 nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm.

FOOTNOTES

1.   The Honorable David S. Doty, United States District Judge for the District of Minnesota.

PER CURIAM.