United States v. Oscar Martinez Florez ( 2021 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 21-1768
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Oscar Ernesto Martinez Florez, also known as Pedro, also known as Oscar
    Escobar Martinez
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Central
    ____________
    Submitted: November 12, 2021
    Filed: November 15, 2021
    [Unpublished]
    ____________
    Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Oscar Ernesto Martinez Florez appeals the sentence the district court1 imposed
    after he pleaded guilty to drug and firearm offenses. His counsel has moved to
    1
    The Honorable Rebecca Goodgame Ebinger, United States District Judge for
    the Southern District of Iowa.
    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, 51 (2007), we conclude 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, 464 (8th Cir. 2009) (en banc);
    see also United States v. Dunn, 
    928 F.3d 688
    , 694 (8th Cir. 2019). We have
    independently reviewed the record under Penson v. Ohio, 
    488 U.S. 75
     (1988), and
    have found no non-frivolous issues for appeal.
    Accordingly, we affirm the judgment, and we grant counsel’s motion to
    withdraw.
    ______________________________
    -2-
    

Document Info

Docket Number: 21-1768

Filed Date: 11/15/2021

Precedential Status: Non-Precedential

Modified Date: 11/15/2021