United States of America v. Nicholas Carl Thomas

25-1628Court of Appeals for the Eighth Circuit30.09.2025

Gesamter Gesetzestext

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-1600
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nicholas Carl Thomas
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Western
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Submitted: September 18, 2025
Filed: September 26, 2025
[Unpublished]
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Before SMITH, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.
Nicholas Thomas appeals the below-Guidelines-range sentence the district
court1 imposed after he pleaded guilty to a drug offense. His counsel has moved to
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

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withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence as substantively 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 (8th Cir. 2009) (en banc) (reviewing
substantive reasonableness of sentence under deferential abuse-of-discretion
standard; abuse of discretion occurs when 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 independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
grant counsel leave to withdraw, and affirm.
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