United States v. Jason Ballou ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-3149
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jason William Ballou
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa
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Submitted: April 16, 2024
Filed: April 19, 2024
[Unpublished]
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Before BENTON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Jason Ballou appeals after he pled guilty to a firearm offense and the district
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court imposed a sentence within the United States Sentencing Guidelines Manual
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The Honorable Leonard T. Strand, then Chief Judge, now United States
District Judge for the Northern District of Iowa.
range. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967),
and seeks leave to withdraw.
After careful independent review under Penson v. Ohio, 488 U.S. 75 (1988),
we find no basis for a nonfrivolous challenge to Ballou’s conviction, and we also
conclude the district court did not abuse its discretion in sentencing Ballou.
See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc)
(standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th
Cir. 2014) (“A sentence which falls within the guideline range is presumed to be
reasonable[.]”) Accordingly, we grant counsel leave to withdraw and affirm.
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