United States of America v. Thein Maung, also known as Joseph Ramarn

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3289
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Thein Maung, also known as Joseph Ramarn
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Central
____________
Submitted: May 17, 2024
Filed: May 22, 2024
[Unpublished]
____________
Before LOKEN, SHEPHERD, and KOBES, Circuit Judges.
____________
PER CURIAM.
Thein Maung appeals after he pleaded guilty to multiple counts relating to a
scheme to defraud the government and other individuals. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence as substantively unreasonable.

-- 1 of 2 --

Upon careful review, we conclude that the district court1 did not err in
imposing the below-Guidelines sentence that Maung received, as the record reflects
that the court properly calculated the Guidelines range and considered the 18 U.S.C.
§ 3553(a) factors, and there is no indication the court overlooked a relevant factor,
or committed a clear error of judgment in weighing relevant factors. See United
States v. Meza-Lopez, 808 F.3d 743, 745-46 (8th Cir. 2015); United States v.
Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v. Moore, 581
F.3d 681, 684 (8th Cir. 2009) (per curiam).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
grant counsel’s motion to withdraw and affirm.
______________________________
1The Honorable Stephanie M. Rose, Chief Judge of the United States District
Court for the Southern District of Iowa.
-2-

-- 2 of 2 --