United States v. Jacob Preuschl ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-1269
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jacob John Preuschl
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: November 22, 2023
Filed: December 7, 2023
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Jacob Preuschl appeals the sentence imposed by the district court1 after he
pleaded guilty to production of child pornography and transfer of obscene material
1
The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
to a minor. His counsel has requested leave to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively
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) (sentences
are reviewed for substantive reasonableness under deferential abuse-of-discretion
standard; abuse of discretion occurs when court fails to consider relevant factor, gives
significant weight to improper or irrelevant factor, or commits clear error of judgment
in weighing 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).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
affirm, and we grant counsel leave to withdraw.
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