United States of America v. Tony Ray Waites

United States Court of Appeals
For the Eighth Circuit
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No. 24-1316
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Tony Ray Waites
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri
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Submitted: September 17, 2024
Filed: September 24, 2024
[Unpublished]
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Before GRASZ, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Tony Waites appeals the sentence the district court1 imposed after he pled
guilty to child exploitation. His counsel has moved to withdraw and has filed a brief
1The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.

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under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of
the sentence.
After careful review, we conclude the district court did not abuse its discretion
in sentencing Waites. 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 sentence reasonable if 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 non-frivolous issues for
appeal. Accordingly, we grant counsel leave to withdraw and affirm.
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