United States of America v. Jeremiah J. Watson

United States Court of Appeals
For the Eighth Circuit
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No. 17-1197
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jeremiah J. Watson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: October 6, 2017
Filed: October 25, 2017
[Unpublished]
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Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Jeremiah Watson challenges the 120-month
sentence the district court imposed upon re-sentencing, following its grant of relief1
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the1
Eastern District of Missouri.

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under 28 U.S.C. § 2255 based on Johnson v. United States, 135 S. Ct. 2551 (2015).
His counsel has submitted a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the court did not adequately consider the 18 U.S.C. § 3553(a) factors.
Watson has filed a pro se brief raising the same argument as counsel.
We conclude that the district court did not abuse its discretion in sentencing
Watson within the Guidelines range; in particular, the court did not commit an error
of judgment in weighing the relevant sentencing factors. See United States v.
Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); United States v. Feemster, 572 F.3d
455, 461 (8th Cir. 2009) (en banc). Furthermore, 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 grant counsel’s motion to withdraw, and we affirm.
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