United States of America v. Martez Butler

United States Court of Appeals
For the Eighth Circuit
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No. 18-2586
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Martez Butler,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: February 25, 2019
Filed: February 28, 2019
[Unpublished]
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Before LOKEN, COLLOTON, and KOBES, Circuit Judges.
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PER CURIAM.

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Martez Butler pleaded guilty to a firearms offense, and the district court1
sentenced him to a term of imprisonment within the advisory guideline range. 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. Butler has filed a pro se
brief.
Upon careful review, we conclude that the district court did not err in
sentencing Butler. Because Butler possessed a firearm in connection with another
offense, the court properly applied the cross reference of USSG § 2K2.1(c) in
calculating his guideline range. See U.S.S.G. § 2K2.1 comment. (n.14(C)); United
States v. Howell, 606 F.3d 960, 964 (8th Cir. 2010). The court also correctly
calculated Butler’s criminal history. See USSG §§ 4A1.1, 4A1.2.
We further conclude that the district court did not abuse its discretion by
imposing a substantively unreasonable sentence. See generally United States v.
Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc). The district court
adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a), and we
presume that a sentence within the advisory range is reasonable. See United States
v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and there are no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel’s motion to withdraw.
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The Honorable Timothy L. Brooks, United States District Judge for the1
Western District of Arkansas.
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