United States of America v. Ruben Toledo, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 23-2677
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Ruben Toledo, Jr.,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Southern District of Iowa - Western
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Submitted: February 29, 2024
Filed: March 5, 2024
[Unpublished]
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Before COLLOTON, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Ruben Toledo, Jr. appeals a sentence imposed by the district court1 after he
pled guilty to an interstate domestic violence charge. His counsel has filed a brief
1The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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under Anders v. California, 386 U.S. 738 (1967), questioning the substantive
reasonableness of the sentence, and seeking leave to withdraw. We conclude that
Toledo’s sentence was not substantively 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 (8th Cir. 2009) (en banc).
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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