United States v. Antonio Russell ( 2022 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 22-1600
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Antonio Deshawn Russell
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Eastern
    ____________
    Submitted: August 11, 2022
    Filed: August 16, 2022
    [Unpublished]
    ____________
    Before LOKEN, GRASZ, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Antonio Russell appeals the sentence imposed by the district court1 after he
    pleaded guilty to drug and firearm offenses. His counsel has moved to withdraw, and
    1
    The Honorable John A. Jarvey, then Chief Judge, United States District Court
    for the Southern District of Iowa, now retired.
    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. Peithman, 
    917 F.3d 635
    , 653 (8th
    Cir. 2019); 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.
    ______________________________
    -2-
    

Document Info

Docket Number: 22-1600

Filed Date: 8/16/2022

Precedential Status: Non-Precedential

Modified Date: 8/16/2022