United States of America v. Clifford Don Smith

United States Court of Appeals
For the Eighth Circuit
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No. 23-2877
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Clifford Don Smith
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: April 23, 2024
Filed: May 13, 2024
[Unpublished]
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Before LOKEN, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.
Clifford Smith 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 Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

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has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
sentence as substantively unreasonable. Smith has moved for appointment of new
counsel.
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) (en banc) (sentences
are reviewed for substantive reasonableness under deferential abuse-of-discretion
standard; abuse of discretion occurs when court fails to consider relevant factor, gives
significant weight to improper or irrelevant factor, or commits clear error of judgment
in weighing appropriate factors). Further, the court imposed a sentence below the
Guidelines range. See United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir.
2013).
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, we grant counsel leave to withdraw, and we deny Smith’s motion to appoint
counsel.
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