United States of America v. Martin Wilson, Jr.

22-3558Court of Appeals for the Eighth CircuitJan 31, 2024

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2907
___________________________
United States of America
Plaintiff - Appellee
v.
Martin Wilson, Jr.
Defendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: January 10, 2024
Filed: January 19, 2024
[Unpublished]
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Before COLLOTON, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Martin Wilson appeals the Guidelines-range sentence the district court1
imposed after he pled guilty to a drug offense. Having jurisdiction under 28 U.S.C.
§ 1291, this court affirms.
1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for
the Eastern District of Missouri.

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-2-
Counsel has moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967). He argues that the sentence is substantively
unreasonable because the district court gave insufficient weight to Wilson’s history
and characteristics under 18 U.S.C. § 3553(a).
The district court did not impose a substantively unreasonable sentence. The
record reflects that the court adequately considered the section 3553(a) factors—
including all of the information Wilson presented for the court’s consideration—and
did not clearly err in weighing the factors. See United States v. Feemster, 572 F.3d
455, 461-62 (8th Cir. 2009) (en banc) (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 factor); United States v.
Stults, 575 F.3d 834, 849 (8th Cir. 2009) (sentence is not unreasonable when court
made individualized assessment based on facts presented and addressed defendant's
proffered information in its consideration of § 3553(a) factors).
The court has independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and finds no nonfrivolous issues for appeal.
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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