United States of America v. Shelton Oliver, also known as Sinbad

United States Court of Appeals
For the Eighth Circuit
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No. 21-2805
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Shelton Oliver, also known as Sinbad
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: January 10, 2022
Filed: January 13, 2022
[Unpublished]
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Before KELLY, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
Shelton Oliver appeals the sentence imposed by the district court1 following
this court’s remand for resentencing on his conviction for drug offenses. His counsel
1The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.

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has moved for leave to 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 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, 461-62 (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); see also United States v. Mangum, 625 F.3d 466,
469-70 (8th Cir. 2010) (upward variance was reasonable where court made
individualized assessment based on facts presented).
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, and we grant counsel’s motion to withdraw.
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