United States of America v. James Willis

United States Court of Appeals
For the Eighth Circuit
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No. 21-1451
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
James Willis
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: September 27, 2021
Filed: September 30, 2021
[Unpublished]
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Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
James Willis appeals the sentence imposed by the district court1 after he
pleaded guilty to drug and firearm offenses. His counsel has moved for leave to
1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.

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withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence.
Upon careful review, we conclude that the district court correctly calculated
Willis’s offense level and criminal history category. See United States v. Turner, 781
F.3d 374, 393 (8th Cir. 2015) (construction and application of Guidelines are
reviewed de novo). We also conclude that the district court did not impose a
substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (sentences are reviewed for substantive reasonableness 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). The record
establishes that the district court adequately considered the sentencing factors listed
in 18 U.S.C. § 3553(a). See United States v. Callaway, 762 F.3d 754, 760 (8th Cir.
2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and grant counsel’s motion to withdraw.
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