United States of America v. Dairron Robinson

23-1109Court of Appeals for the Eighth Circuit31 juil. 2024

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3782
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dairron Robinson
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: July 10, 2024
Filed: July 15, 2024
[Unpublished]
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Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Dairron Robinson appeals the sentence the district court1 imposed after he pled
guilty to being a felon in possession of a firearm. His counsel has moved to withdraw
1The Honorable Matthew T. Schelp, United States District Judge for the
Eastern District of Missouri.

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and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
reasonableness of the sentence.
Upon careful review, we conclude the district court did not impose a
substantively unreasonable sentence, as the court properly considered the factors
listed in 18 U.S.C. § 3553(a), and did not err in weighing the relevant factors. See
United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (substantive
reasonableness of sentence reviewed for abuse of discretion; 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); see also United States v. McCauley, 715 F.3d 1119, 1127 (8th
Cir. 2013) (noting that it is “nearly inconceivable” that district court abused its
discretion in not varying further when it varied below Guidelines range).
We have reviewed the record independently 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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