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21-1970•United States of America v. Rodney Reed
21-1970Court of Appeals for the Eighth CircuitAug 31, 2022
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-1218
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Rodney Reed
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: August 24, 2022
Filed: August 30, 2022
[Unpublished]
____________
Before SHEPHERD, MELLOY, and STRAS, Circuit Judges.
____________
PER CURIAM.
Rodney Reed received a 180-month prison sentence after he pleaded guilty to
being a felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1), 924(a)(2), and
possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C.
§ 924(c)(1)(A). An Anders brief suggests that the sentence is substantively
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-2-
unreasonable. See Anders v. California, 386 U.S. 738 (1967). A pro se supplemental
brief makes the same argument.
We conclude that the sentence is substantively reasonable. See United States
v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines
sentence is presumed reasonable). 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, 461–62 (8th Cir. 2009) (en banc).
We have also independently reviewed the record and conclude that no other
nonfrivolous 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.
______________________________
1 The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
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