United States of America v. Darryl Keath Green

United States Court of Appeals
For the Eighth Circuit
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No. 22-3027
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Darryl Keath Green
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: January 11, 2023
Filed: January 17, 2023
[Unpublished]
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Before GRUENDER, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Darryl Green appeals the sentence the district court1 imposed after he pleaded
guilty to a drug offense. His counsel has moved for leave to withdraw, and has filed
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence.
Upon careful review, we conclude that the district court did not impose a
substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (sentences are reviewed for substantive
reasonableness under deferential abuse-of-discretion standard; discussing substantive
reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir.
2014) (within-Guidelines sentence is presumed reasonable).
We have also 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 of the district court and grant counsel’s motion to withdraw.
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