United States of America v. Davantres Deshaun Moore

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-2861
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Davantres Deshaun Moore
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: February 1, 2023
Filed: February 6, 2023
[Unpublished]
____________
Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
____________
PER CURIAM.
Davantres Moore appeals the sentence imposed by the district court1 after he
pleaded guilty to a firearm offense. His counsel has moved for leave to withdraw,
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

-- 1 of 2 --

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. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (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.
______________________________
-2-

-- 2 of 2 --