United States of America v. Oscar Ernesto Martinez Florez, also known as Pedro, also known as Oscar Escobar Martinez

20-2947Court of Appeals for the Eighth Circuit30 nov. 2021

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-1768
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Oscar Ernesto Martinez Florez, also known as Pedro, also known as Oscar
Escobar Martinez
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Central
____________
Submitted: November 12, 2021
Filed: November 15, 2021
[Unpublished]
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Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.
Oscar Ernesto Martinez Florez appeals the sentence the district court1 imposed
after he pleaded guilty to drug and firearm offenses. His counsel has moved to
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence as substantively unreasonable.
Having reviewed the record under a deferential abuse-of-discretion standard
of review, see Gall v. United States, 552 U.S. 38, 41, 51 (2007), we conclude the
district court did not impose an unreasonable sentence. The court properly
considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that
the court overlooked a relevant factor, gave significant weight to an improper or
irrelevant factor, or committed a clear error of judgment in weighing relevant factors.
See United States v. Feemster, 572 F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc);
see also United States v. Dunn, 928 F.3d 688, 694 (8th Cir. 2019). We have
independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and
have found no non-frivolous issues for appeal.
Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
______________________________
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