United States of America v. Adam Lee Facundo

United States Court of Appeals
For the Eighth Circuit
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No. 20-1252
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Adam Lee Facundo,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: October 27, 2020
Filed: October 30, 2020
[Unpublished]
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Before COLLOTON, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Adam Facundo appeals the sentence imposed by the district court1 after he
pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was unreasonable.
Upon careful review, we conclude that 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, 461-62 (8th Cir. 2009) (substantive
reasonableness is reviewed for abuse of discretion); see also United States v.
Callaway, 762 F.3d 754, 760 (8th Cir. 2014).
We also have 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 we grant counsel’s motion to withdraw.
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