United States of America v. Reginald Counts

22-1796Court of Appeals for the Eighth Circuit31 juil. 2023

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1504
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Reginald Counts,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: June 20, 2023
Filed: July 10, 2023
[Unpublished]
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Before LOKEN, COLLOTON, and KOBES, Circuit Judges.
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PER CURIAM.
Reginald Counts appeals a sentence imposed by the district court1 after Counts
pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
reasonableness of the sentence.
We conclude that Counts’s sentence was not unreasonable, as 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 the
relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009)
(en banc); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and we find no nonfrivolous issues for appeal. Accordingly, we affirm,
and we grant counsel’s motion to withdraw.
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