United States of America v. Delbert Clay Feezell

United States Court of Appeals
For the Eighth Circuit
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No. 18-3185
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Delbert Clay Feezell
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: May 2, 2019
Filed: May 7, 2019
[Unpublished]
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Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Delbert Clay Feezell directly appeals the within-Guidelines sentence the district
court 1 imposed after he pleaded guilty to receiving and distributing child pornography.
1The Honorable Beth Phillips, Chief Judge, United States District Court for the
Western District of Missouri.

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His counsel has moved for leave to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the sentence is substantively
unreasonable.
Upon careful review, we find no basis to disturb the district court’s sentence.
See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (stating
that sentences are reviewed under a deferential abuse-of-discretion standard and
discussing substantive reasonableness); United States v. St. Claire, 831 F.3d 1039,
1043 (8th Cir. 2016) (noting that a within-Guidelines sentence is accorded a
presumption of substantive reasonableness on appeal); see also United States v.
Nguyen, 46 F.3d 781, 783 (8th Cir. 1995) (finding that, where a defendant “explicitly
and voluntarily” exposed himself to a specific sentence, a direct challenge to the
sentence was foreclosed).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant
counsel leave to withdraw, and we affirm.
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