United States of America v. Martin Caballero-Bringas

United States Court of Appeals
For the Eighth Circuit
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No. 24-2230
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Martin Caballero-Bringas
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: December 11, 2024
Filed: December 16, 2024
[Unpublished]
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Before GRUENDER, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Martin Caballero-Bringas appeals the within-Guidelines sentence the district
court1 imposed after he pleaded guilty to a drug offense. His counsel has moved for
1The Honorable Brian C. Buescher, United States District Judge for the District
of Nebraska.

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leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), challenging the sentence as substantively unreasonable.
Upon careful review, we conclude that the district court did not abuse its
discretion in sentencing Caballero-Bringas, as it properly considered the 18 U.S.C.
§ 3553(a) factors; there was no indication that it overlooked a relevant factor, or
committed a clear error of judgment in weighing the relevant factors; and the sentence
was within the advisory Guidelines range. See United States v. Feemster, 572 F.3d
455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v.
Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines sentence
may be presumed reasonable).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we affirm, and grant
counsel’s motion to withdraw.
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