United States of America v. Cristina Kaye Briones, also known as Cristina Briones

United States Court of Appeals
For the Eighth Circuit
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No. 23-2156
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Cristina Kaye Briones, also known as Cristina Briones
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: November 20, 2023
Filed: November 27, 2023
[Unpublished]
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Before LOKEN, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Cristina Briones appeals the sentence the district court1 imposed after she pled
guilty to drug offenses. Her counsel has moved to withdraw and has filed a brief
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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challenging a portion of the drug weight attributed to her, and arguing that the
sentence is substantively unreasonable.
Upon careful review, we conclude that Briones waived any challenge to the
drug quantity attributed to her when she conceded in the district court that she was
not objecting to the facts presented in the presentence report and that the Guidelines
calculations were correct, and instead raised arguments on policy grounds. See
United States v. Booker, 576 F.3d 506, 511 (8th Cir. 2009). We also conclude that
the district court did not impose an unreasonable sentence. See United States v.
Feemster, 572 F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc) (standard of review).
The court considered the factors set forth in 18 U.S.C. § 3553(a), and there is no
indication that it overlooked a relevant factor, gave significant weight to an improper
or irrelevant factor, or committed a clear error of judgment in weighing relevant
factors. See id. at 461-62; United States v. Lazarski, 560 F.3d 731, 733 (8th Cir.
2009). 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 affirm the judgment, and grant counsel’s motion to withdraw.
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