United States of America v. Richard Thomas Hense, also known as Dick Hense

United States Court of Appeals
For the Eighth Circuit
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No. 18-3101
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Richard Thomas Hense, also known as Dick Hense
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Dubuque
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Submitted: June 5, 2019
Filed: June 10, 2019
[Unpublished]
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Before BENTON, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Richard Hense appeals the sentence imposed by the district court after he1
pleaded guilty to drug and firearm offenses. His counsel has moved for leave to
The Honorable Linda R. Reade, United States District Judge for the Northern1
District of Iowa.

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withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence was unreasonable.
We conclude that the district court did not impose a substantively unreasonable
sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009)
(sentences are reviewed for substantive reasonableness under deferential abuse of
discretion standard; abuse of discretion occurs when court fails to consider significant
factor, gives weight to improper or irrelevant factor, or commits clear error of
judgment in weighing appropriate factors). The record establishes that the district
court adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a). See
United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011) (court need not
mechanically recite § 3553(a) factors, so long as it is clear from record that court
considered them in determining sentence).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. We affirm the
judgment and grant counsel’s motion to withdraw.
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