United States of America v. Nicholas Moron-Rivera, also known as Nico

United States Court of Appeals
For the Eighth Circuit
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No. 22-2086
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nicholas Moron-Rivera, also known as Nico
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: December 15, 2022
Filed: December 20, 2022
[Unpublished]
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Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Nicholas Moron-Rivera appeals the sentence imposed by the district court1
after he pleaded guilty to drug offenses. His counsel has moved for leave to
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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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.
Upon careful review, we conclude that the district court did not impose a
substantively unreasonable sentence, as the court properly considered the factors
listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See
United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing
sentences for substantive reasonableness under deferential abuse of discretion
standard; abuse of discretion occurs when the court fails to consider relevant factor,
gives significant weight to an improper or irrelevant factor, or commits a clear error
of judgment in weighing the appropriate factors). 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. Accordingly, we affirm the judgment, and we grant
counsel’s motion to withdraw.
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