United States v. Lucas McNulty-Snodgrass ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-1067
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Lucas Michael McNulty-Snodgrass
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: July 1, 2022
Filed: July 18, 2022
[Unpublished]
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Before GRUENDER, BENTON, and STRAS, Circuit Judges.
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PER CURIAM.
Lucas McNulty-Snodgrass received a 210-month prison sentence after he
pleaded guilty to conspiring to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1),
846, and being a felon in possession of firearms and ammunition, 18 U.S.C.
§ 922(g). An Anders brief suggests that the sentence is substantively unreasonable.
See Anders v. California, 386 U.S. 738 (1967). A pro se brief claims that Congress
did not have the power to enact the two statutes that Snodgrass violated. See U.S.
Const. art. I, § 8, cl. 3; United States v. Morrison, 529 U.S. 598, 616–17 (2000).
Snodgrass’s constitutional argument is foreclosed by precedent. See Gonzales
v. Raich, 545 U.S. 1, 9 (2005); United States v. Nash, 627 F.3d 693, 696–97 (8th
Cir. 2010). And the substantive-reasonableness challenge is belied by the record,
which 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–
62 (8th Cir. 2009) (en banc).
Finally, we have independently reviewed the record and conclude that no
other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly affirm the judgment of the district court and grant counsel
permission to withdraw.
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1
The Honorable John A. Jarvey, then Chief Judge, United States District Court
for the Southern District of Iowa, now retired.
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