United States v. Jalen Jackson-Bundy ( 2022 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 22-2477
    ___________________________
    United States of America
    Plaintiff - Appellee
    v.
    Jalen Keevon Jackson-Bundy
    Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Central
    ____________
    Submitted: October 12, 2022
    Filed: October 17, 2022
    [Unpublished]
    ____________
    Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Jalen Keevon Jackson-Bundy appeals after he pled guilty to drug and firearm
    offenses. The district court 1 imposed an aggregate prison sentence to run
    1
    The Honorable Stephanie M. Rose, Chief Judge, United States District Court
    for the Southern District of Iowa.
    consecutively to several undischarged state sentences. Having jurisdiction under 
    28 U.S.C. § 1291
    , this court affirms.
    In counseled and pro se briefs, Jackson-Bundy argues that the district court
    erred in running his federal sentence consecutively to the undischarged state
    sentences. The district court did not abuse its discretion in ordering Jackson-
    Bundy’s federal sentence to run consecutively to his undischarged state sentences.
    See United States v. Nelson, 
    982 F.3d 1141
    , 1146 (8th Cir. 2020) (standard of
    review). The record reflects that the court considered the 
    18 U.S.C. § 3553
    (a)
    factors, the record, and Jackson-Bundy’s argument in favor of running his federal
    sentence concurrently; and exercised its discretion to order that the sentence run
    consecutively. See United States v. Feemster, 
    572 F.3d 455
    , 461-62 (8th Cir. 2009)
    (en banc) (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); United States v. McDonald, 
    521 F.3d 975
    , 980 (8th Cir. 2008) (district court has “wide discretion” to order sentence to be
    served consecutively to undischarged sentence); see also United States v. Hall, 
    825 F.3d 373
    , 376 (8th Cir. 2016) (no abuse of discretion where district court considered
    § 3553(a) factors and recognized its discretion to run sentences concurrently but
    declined to do so).
    Having independently reviewed the record pursuant to Penson v. Ohio, 
    488 U.S. 75
     (1988), this court finds no non-frivolous issues for appeal.
    The judgment is affirmed and counsel’s motion to withdraw is granted.
    ______________________________
    -2-
    

Document Info

Docket Number: 22-2477

Filed Date: 10/17/2022

Precedential Status: Non-Precedential

Modified Date: 10/17/2022