United States of America v. Garret Allen Horgdal

22-2324Court of Appeals for the Eighth CircuitAug 31, 2023

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 23-1206
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Garret Allen Horgdal
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa
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Submitted: August 14, 2023
Filed: August 22, 2023
[Unpublished]
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Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Garret Horgdal appeals the sentence the district court1 imposed after he pled
guilty to being a felon in possession of a firearm. His counsel moved to withdraw and
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

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filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
substantive reasonableness of the sentence.
After careful review, we conclude the district court did not abuse its discretion
in sentencing Horgdal. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir.
2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d
754, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States
Sentencing Guidelines Manual range). Further, having independently reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for
appeal. Accordingly, we grant counsel leave to withdraw and affirm.
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