United States of America v. Francisco Pec-Son

United States Court of Appeals
For the Eighth Circuit
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No. 16-4390
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Francisco Pec-Son
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa, Waterloo
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Submitted: July 6, 2017
Filed: July 14, 2017
[Unpublished]
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Before LOKEN, ARNOLD, and MURPHY, Circuit Judges.
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PER CURIAM.
Francisco Pec-Son appeals following imposition of sentence upon his guilty
plea to unlawful use of identification documents and misuse of a social security
number. Counsel has moved to withdraw, and in a brief filed under Anders v.

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California, 386 U.S. 738 (1967), argues that the district court committed plain1
procedural error by failing to explain adequately the reasons for the sentence that the
court imposed on Pec-Son. After careful review, we conclude that no plain
procedural error occurred. See United States v. Chavarria-Ortiz, 828 F.3d 668, 670-
71 (8th Cir. 2016) (if defendant fails to object to adequacy of district court’s
explanation for sentence, this court reviews for plain error); United States v.
Krzyzaniak, 702 F.3d 1082, 1085 (8th Cir. 2013) (explanation is sufficient if record
as a whole demonstrates that court considered relevant factors). Further, having
independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988),
we find no nonfrivolous issues.
The judgment is affirmed, and we grant counsel’s motion to withdraw.
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The Honorable Linda R. Reade, United States District Judge for the Northern1
District of Iowa.
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