United States of America v. Nicholas John Gruner

United States Court of Appeals
For the Eighth Circuit
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No. 20-1468
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nicholas John Gruner
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: August 5, 2020
Filed: August 10, 2020
[Unpublished]
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Before LOKEN, GRUENDER, and KELLY, Circuit Judges.
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PER CURIAM.
Nicholas Gruner appeals after he pleaded guilty to a controlled substance
offense and the district court1 imposed a sentence at the bottom of the advisory
1The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.

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sentencing guideline range. His counsel has moved for leave to withdraw, and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
substantive reasonableness of the sentence.
Having carefully reviewed the record under a deferential abuse-of-discretion
standard, see Gall v. United States, 552 U.S. 38, 41 (2007), we conclude that the
district court did not impose a substantively 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. Munz, 780 F.3d 1199, 1200-01 (8th Cir. 2015)
(per curiam). 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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