United States v. Cortez Nelson ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-2105
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United States of America
Plaintiff - Appellee
v.
Cortez David Nelson
Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: January 8, 2021
Filed: January 13, 2021
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Cortez Nelson appeals the within-Guidelines sentence the district court 1
imposed after he pled guilty to conspiring to distribute a controlled substance.
Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
Counsel has moved for leave to withdraw, and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively
unreasonable. This court concludes that the district court did not impose an
unreasonable sentence because the record reflects that it properly considered the
factors set forth in 18 U.S.C. § 3553(a). See United States v. Feemster, 572 F.3d
455, 461-62 (8th Cir. 2009) (en banc) (appellate court first ensures no significant
procedural error occurred, then considers substantive reasonableness of sentence
under deferential abuse-of-discretion standard; 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. St. Claire, 831 F.3d 1039, 1043 (8th Cir. 2016) (within-
Guidelines sentence is accorded presumption of substantive reasonableness on
appeal). The court has independently reviewed the record under Penson v. Ohio,
488 U.S. 75 (1988), and finds no nonfrivolous issues for appeal.
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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1
The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
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