United States of America v. Donald Richard Sheldon

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-2903
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Donald Richard Sheldon
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Dubuque
____________
Submitted: February 13, 2015
Filed: February 25, 2015
[Unpublished]
____________
Before SMITH, GRUENDER, and BENTON, Circuit Judges.
____________
PER CURIAM.
Donald Sheldon directly appeals the sentence that the district court imposed1
upon his guilty plea to a drug offense. His counsel moves to withdraw, and in a brief
The Honorable Linda R. Reade, Chief Judge, United States District Court for1
the Northern District of Iowa.

-- 1 of 2 --

filed under Anders v. California, 386 U.S. 738 (1967), he argues that the sentence is
unreasonable.
Upon careful review, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir.
2009) (en banc) (appellate review of sentencing decision), we conclude that the
sentence is not unreasonable: the district court carefully considered relevant
sentencing factors and did not commit a clear error in judgment in weighing the
factors, and sentenced Sheldon at the bottom of the undisputed Guidelines range, see
Gall v. United States, 552 U.S. 38, 51 (2007) (if sentence is within Guidelines range,
appellate court may apply presumption of reasonableness); United States v. Bridges,
569 F.3d 374, 379 (8th Cir. 2009) (sentencing court has wide latitude to weigh 18
U.S.C. § 3553(a) factors and assign some factors greater weight than others). Further,
having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75,
80 (1988), we find no nonfrivolous issues.
Accordingly, we grant counsel’s motion to withdraw, and we affirm.
______________________________
-2-

-- 2 of 2 --