United States of America v. Txong Thor

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-3314
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Txong Thor
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: April 27, 2026
Filed: April 30, 2026
[Unpublished]
____________
Before GRUENDER, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Txong Thor appeals the sentence imposed by the district court1 after he pled
guilty to a drug offense and possession of a firearm in furtherance of such offense.
1The Honorable Timothy L. Brooks, Chief Judge, United States District Court
for the Western District of Arkansas.

-- 1 of 2 --

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.
Upon careful review, we conclude the district court did not abuse its discretion
in sentencing Thor. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009)
(en banc) (standard of review); United States v. McCauley, 715 F.3d 1119, 1127 (8th
Cir. 2013) (stating it is “nearly inconceivable” that the district court abused its
discretion in not varying further when it varied below the United States Sentencing
Guidelines Manual range). In addition, having independently reviewed the record
under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal.
Accordingly, we affirm the judgment of the district court and grant counsel’s
motion to withdraw.
______________________________
-2-

-- 2 of 2 --