United States v. Fredy Morales-Alvarez ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-2522
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Fredy Juan Morales-Alvarez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Eastern
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Submitted: January 07, 2021
Filed: January 12, 2021
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Fredy Juan Morales-Alvarez appeals after he pleaded guilty to a drug offense,
and the district court1 imposed a sentence at the bottom of the advisory sentencing
1
The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
guideline range. His counsel has moved to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively
unreasonable.
Having reviewed the record under a deferential abuse-of-discretion standard
of review, see Gall v. United States, 552 U.S. 38, 41 (2007), we conclude that the
district court did not impose an unreasonable sentence. The court properly
considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that
the court overlooked a relevant factor, gave significant weight to an improper or
irrelevant factor, or committed a clear error of judgment in weighing relevant factors.
See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see
also United States v. Dunn, 928 F.3d 688, 694 (8th Cir. 2019). Furthermore, we have
independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and
have found no nonfrivolous issues for appeal.
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment.
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