DocketNumber: 22-3027
Filed Date: 1/17/2023
Status: Non-Precedential
Modified Date: 1/17/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3027 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Darryl Keath Green lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: January 11, 2023 Filed: January 17, 2023 [Unpublished] ____________ Before GRUENDER, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Darryl Green appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and has filed 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. a brief under Anders v. California,386 U.S. 738
(1967), challenging the substantive reasonableness of the sentence. Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. 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; discussing substantive reasonableness); see also United States v. Callaway,762 F.3d 754
, 760 (8th Cir. 2014) (within-Guidelines sentence is presumed reasonable). 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 of the district court and grant counsel’s motion to withdraw. ______________________________ -2-