United States of America v. Casey Fontaine Westerfield

20-2743Court of Appeals for the Eighth CircuitDec 30, 2022

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 22-2839
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United States of America
Plaintiff Appellee
v.
Casey Fontaine Westerfield
Defendant Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: December 27, 2022
Filed: December 30, 2022
[Unpublished]
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Before LOKEN, GRUENDER, and ERICKSON, Circuit Judges.
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PER CURIAM.
Casey Westerfield appeals the sentence the district court1 imposed after he
pleaded guilty to a gun offense. His counsel has moved for leave to withdraw and has
1The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
sentence as substantively unreasonable.
Having reviewed the record under a deferential abuse-of-discretion standard
of review, see Gall v. United States, 552 U.S. 38, 41, 51 (2007), we conclude the
district court did not impose a substantively unreasonable sentence. The court
considered the statutory sentencing factors and did not overlook a relevant factor,
give significant weight to an improper or irrelevant factor, or commit a clear error of
judgment in weighing relevant factors. See 18 U.S.C. § 3553(a); United States v.
Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v.
Dunn, 928 F.3d 688, 694 (8th Cir. 2019). We have independently reviewed the record
under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues
for appeal.
Accordingly, we affirm the judgment and grant counsel’s motion to withdraw.
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