United States of America v. Clyde Macks Stewart, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 22-2596
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Clyde Macks Stewart, Jr.,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: December 12, 2022
Filed: December 15, 2022
[Unpublished]
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Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Clyde Stewart, Jr. appeals a sentence imposed by the district court1 after
Stewart pleaded guilty to offenses involving drugs and firearms. His counsel has
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the reasonableness of the sentence.
We conclude that Stewart’s sentence was not substantively unreasonable. The
court imposed a sentence below the advisory guideline range, see United States v.
McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013), and there is no indication that the
district court overlooked a relevant factor, gave significant weight to an improper or
irrelevant factor, or committed a clear error of judgment in weighing the relevant
factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en
banc).
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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