United States of America v. Johnathan Dewayne Mitchell

United States Court of Appeals
For the Eighth Circuit
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No. 23-1200
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Johnathan Dewayne Mitchell
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: July 28, 2023
Filed: August 17, 2023
[Unpublished]
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Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.

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Jonathan Mitchell appeals the sentence imposed by the district court1 after he
pleaded guilty to robbery. His counsel has moved for leave to withdraw, and has filed
a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.
Upon careful review, we conclude that the district court did not impose a
substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (sentences are reviewed for substantive
reasonableness under deferential abuse of discretion standard; abuse of discretion
occurs when court fails to consider relevant factor, gives significant weight to
improper or irrelevant factor, or commits clear error of judgment in weighing
appropriate factors). The record establishes that the district court adequately
considered the sentencing factors listed in 18 U.S.C. § 3553(a). See United States v.
Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range
sentence may be presumed reasonable).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and grant counsel’s motion to withdraw.
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1The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.
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