United States v. Victor Elias-Rodriguez ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-2267
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Victor Alberto Elias-Rodriguez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: November 7, 2022
Filed: November 10, 2022
[Unpublished]
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Before LOKEN, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Victor Elias-Rodriguez appeals the sentence imposed by the district court1 after
he pleaded guilty to production of child pornography. His counsel has moved to
1
The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
withdraw, and has filed 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 sentence is not substantively
unreasonable, as the court did not commit a clear error of judgment in weighing the
appropriate sentencing factors, see United States v. Garcia, 946 F.3d 413, 419 (8th
Cir. 2019); and the sentence is below the Guidelines range, see 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.
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