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22-3156•United States of America v. Kevin Solorzano-Gonzalez
22-3156Court of Appeals for the Eighth CircuitOct 31, 2024
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2112
___________________________
United States of America
Plaintiff - Appellee
v.
Kevin Solorzano-Gonzalez
Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: October 15, 2024
Filed: October 18, 2024
[Unpublished]
____________
Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Kevin Solorzano-Gonzalez appeals the below-Guidelines sentence the district
court1 imposed after he pled guilty to transportation of child pornography. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
1 The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
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-2-
Counsel moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the sentence was substantively
unreasonable. Upon careful review, this court concludes that the district court
properly considered the 18 U.S.C. § 3553(a) factors; there was no indication that it
overlooked a relevant factor, or committed a clear error of judgment in weighing
relevant factors; and the below-Guidelines sentence was substantively reasonable.
See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (abuse
of discretion review); United States v. Anderson, 90 F.4th 1226, 1227 (8th Cir. 2024)
(district court has wide latitude in weighing relevant factors; downward variance
substantively reasonable where court carefully considered § 3553(a) factors); United
States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (when district court varies
below Guidelines range, it is “nearly inconceivable” that court abused its discretion
in not varying further).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), this court finds no non-frivolous issues for appeal.
The judgment is affirmed and counsel’s motion to withdraw is granted.
______________________________
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