United States v. Bobby Gray, II ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-2493
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Bobby Joe Amescua Gray, II
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: December 5, 2023
Filed: December 8, 2023
[Unpublished]
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Before LOKEN, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.
Bobby Gray, II appeals the sentence imposed by the district court1 after he
pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was 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) (reviewing
sentences for substantive reasonableness under deferential abuse-of-discretion
standard; abuse of discretion occurs when the court fails to consider relevant factor,
gives significant weight to an improper or irrelevant factor, or commits a clear error
of judgment in weighing the 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) (noting that when the district court has varied below the
Guidelines range, it is “nearly inconceivable” that the court abused its discretion in
not varying further).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel’s motion to withdraw.
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