United States of America v. Pearson Patrick

23-1329Court of Appeals for the Eighth Circuit30.11.2023

Gesamter Gesetzestext

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1574
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Pearson Patrick
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: November 14, 2023
Filed: November 17, 2023
[Unpublished]
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Before LOKEN, ERICKSON, and GRASZ, Circuit Juges.
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PER CURIAM.
Pearson Patrick appeals the 396-month sentence imposed by the district court1
after he pled guilty to child pornography offenses. His counsel has moved for leave
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the substantive reasonableness of the sentence.
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 (8th Cir. 2009) (en banc) (substantive
reasonableness of sentence reviewed for abuse of discretion; abuse of discretion
occurs when district court fails to consider relevant factor, gives significant weight
to improper or irrelevant factor, or commits clear error of judgment in weighing
appropriate factors).
We have reviewed the record independently 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.
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