United States v. John Soper ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-3280
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United States of America
Plaintiff Appellee
v.
John Herman Soper
Defendant Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: March 6, 2023
Filed: March 9, 2023
[Unpublished]
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Before BENTON, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
John Soper appeals the sentence imposed by the district court1 after he pleaded
guilty to drug and firearm offenses. His counsel has moved for leave to withdraw,
1
The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was unreasonable.
Upon careful review, we conclude that the district court did not impose a
substantively unreasonable sentence, as the court properly considered the factors
listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See
United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing
sentences for substantive reasonableness under deferential abuse of discretion
standard; abuse of discretion occurs when the court fails to consider relevant factor,
gives significant weight to an improper or irrelevant factor, or commits a clear error
of judgment in weighing the appropriate factors). Further, the court imposed a
sentence below the Guidelines range. See United States v. McCauley, 715 F.3d 1119,
1127 (8th Cir. 2013) (noting that when the district court has varied below the
Guidelines range, it is “nearly inconceivable” that the court abused its discretion in
not varying further).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel’s motion to withdraw.
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