United States of America v. Clee Barney, also known as Christopher Willis

United States Court of Appeals
For the Eighth Circuit
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No. 22-3650
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Clee Barney, also known as Christopher Willis
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: March 29, 2023
Filed: April 3, 2023
[Unpublished]
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Before BENTON, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.

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Clee Barney appeals the within-Guidelines-range sentence the district court1
imposed after he pled guilty to being a felon in possession of a firearm and
ammunition. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
Counsel has moved to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the
sentence. Barney has filed a pro se brief requesting a shorter sentence. The district
court did not impose a substantively unreasonable sentence, as the court properly
considered the factors set forth under 18 U.S.C. § 3553(a), including the effect of
Barney’s prior convictions and mitigating factors; and the court imposed a prison
term within the Guidelines range. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (reviewing substantive reasonableness under
deferential abuse-of-discretion standard; district court abuses its discretion when it
fails to consider relevant factor, gives significant weight to improper or irrelevant
fact, or commits a clear error of judgment in weighing appropriate factors); see also
United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-
Guidelines-range sentence presumed reasonable).
This court has independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and finds no non-frivolous issues for appeal.
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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1 The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.

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