United States v. Verne Moore , 546 F. App'x 610 ( 2013 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-2198
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Verne E. Moore
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: December 3, 2013
Filed: December 9, 2013
[Unpublished]
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Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Verne Moore appeals after he pled guilty to a felon-in-possession charge, and
the district court1 imposed a within-Guidelines-range sentence. His counsel has
1
The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.
moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738(1967), suggesting that the district court (1) made a clearly erroneous factual finding,
resulting in an improper denial of Moore’s motion to suppress; and (2) inadequately
discussed the 18 U.S.C. § 3553(a) factors at sentencing, resulting in an unreasonable
sentence.
Upon careful review, we conclude that the district court did not make any
clearly erroneous factual findings and properly denied Moore’s motion to suppress.
See United States v. Donnelly, 475 F.3d 946, 951 (8th Cir. 2007) (district court’s
factual findings are reviewed for clear error). We further conclude that the district
court did not impose an unreasonable sentence. See Gall v. United States, 552 U.S.
38, 51 (2007) (sentencing decision is reviewed under abuse-of-discretion standard);
see also United States v. Godsey, 690 F.3d 906, 912 (8th Cir. 2012) (mechanical
recitation of § 3553(a) factors at sentencing is not required; rather it simply must be
clear from record that district court actually considered § 3553(a) factors in
determining sentence).
Finally, having reviewed the record independently under Penson v. Ohio, 488
U.S. 75, 80 (1988), we find no non-frivolous issues. Accordingly, we affirm the
judgment of the district court, and we grant counsel’s motion to withdraw.
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