United States of America v. Juan Ordenas-Lucas

United States Court of Appeals
For the Eighth Circuit
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No. 20-3465
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Juan Ordenas-Lucas
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: June 14, 2021
Filed: June 18, 2021
[Unpublished]
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Before ERICKSON, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Juan Ordenas-Lucas received a 276-month prison sentence after he pleaded
guilty to sexually exploiting a minor by producing child pornography. See 18
U.S.C. § 2251(a), (e). Ordenas-Lucas’s counsel requests permission to withdraw
and, in an Anders brief, suggests that the sentence is substantively unreasonable.
See Anders v. California, 386 U.S. 738 (1967). We affirm.

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We conclude that Ordenas-Lucas’s sentence is substantively reasonable.
See United States v. McKanry, 628 F.3d 1010, 1022 (8th Cir. 2011) (recognizing
that “it is nearly inconceivable” that once a district court has varied downward, it
“abuse[s] its discretion in not varying downward [even] further” (quotation marks
omitted)). The record establishes that the district court1 sufficiently considered
the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an
improper factor or commit a clear error of judgment. See United States v.
Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc).
Finally, we have independently reviewed the record and conclude that no
other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly affirm the judgment of the district court and grant counsel
permission to withdraw.
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1 The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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