United States v. Steven Warner ( 2023 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2278
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Steven Warner
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: December 15, 2023
Filed: December 20, 2023
[Unpublished]
____________
Before LOKEN, SHEPHERD, and KOBES, Circuit Judges.
____________
PER CURIAM.
Steven Warner appeals after he pleaded guilty to conspiring to distribute
methamphetamine. His counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the sentence.
Upon careful review, we conclude that the district court1 did not err in applying
weapon-possession and role enhancements. See United States v. Anderson, 618 F.3d
873, 879 (8th Cir. 2010). We also conclude that the district court did not err in
imposing the below-Guidelines sentence that Warner received, as the record reflects
that the court properly calculated the Guidelines range and considered the 18 U.S.C.
§ 3553(a) factors, and there is no indication the court overlooked a relevant factor,
or committed a clear error of judgment in weighing relevant factors. See United
States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v.
Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
grant counsel’s motion to withdraw and affirm.
______________________________
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
-2-