United States v. Devonte Colbert ( 2020 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-3120
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Devonte Demario Colbert,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: May 11, 2020
Filed: May 14, 2020
[Unpublished]
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Before COLLOTON, BEAM, and ERICKSON, Circuit Judges.
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PER CURIAM.
Devonte Demario Colbert appeals the sentence imposed by the district court1
after he pleaded guilty to a drug offense. His counsel has moved to withdraw, and
1
The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
substantive reasonableness of the sentence.
Upon careful review under a deferential abuse-of-discretion standard, see Gall
v. United States, 552 U.S. 38, 41 (2007), we conclude that the district court did not
impose an unreasonable sentence. The court properly considered the factors set forth
in 18 U.S.C. § 3553(a), and there is no indication that the court overlooked a relevant
factor, gave significant weight to an improper or irrelevant factor, or committed a
clear error of judgment in weighing relevant factors. See United States v. Feemster,
572 F.3d 455, 461-62 (8th Cir. 2009) (en banc). Finally, we have independently
reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no
nonfrivolous issues for appeal.
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment.
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