United States v. Patrick Richmond

United States Court of Appeals
For the Eighth Circuit
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No. 20-1001
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Patrick Richmond
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: July 22, 2020
Filed: July 27, 2020
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Patrick Richmond pleaded guilty to conspiring to distribute various controlled
substances within 1,000 feet of a truck stop and a school. See 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(C), 846, 849(b), 860(a). The district court 1 gave him a
within-Guidelines-range sentence of 78 months in prison. Richmond’s counsel
requests permission to withdraw and, in an Anders brief, suggests that the sentence
is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967).
We conclude that Richmond’s sentence is substantively reasonable. See
United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-
Guidelines-range sentence is presumptively reasonable). The record establishes that
the district court sufficiently considered the statutory sentencing factors, 18 U.S.C.
§ 3553(a), and did not rely on an improper factor or commit a clear error of
judgment. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en
banc).
Finally, we have independently reviewed the record under Penson v. Ohio,
488 U.S. 75, 82–83 (1988), and conclude that there are no other non-frivolous issues
for appeal. Accordingly, we affirm the judgment and grant counsel permission to
withdraw.
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1
The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
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