United States of America v. Charles Johnson

United States Court of Appeals
For the Eighth Circuit
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No. 17-1974
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Charles Johnson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: February 6, 2018
Filed: February 9, 2018
[Unpublished]
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Before BENTON, MURPHY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Charles Johnson appeals the within-Guidelines-range sentence the district
court1 imposed after he pled guilty to conspiring to interfere with commerce by
1The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.

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robbery, and brandishing a firearm in furtherance of a crime of violence. His counsel
has moved for leave to withdraw, and has filed a brief under Anders v. California,
386 U.S. 738 (1967), discussing the procedural and substantive reasonableness of the
sentence.
Upon careful review, we conclude that the district court did not impose a
procedurally or substantively unreasonable sentence. See United States v. Feemster,
572 F.3d 455, 460-61 (8th Cir. 2009) (en banc) (reviewing sentence under deferential
abuse-of-discretion standard; discussing procedural and substantive reasonableness);
see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014)
(within-Guidelines-range sentence is presumed reasonable). In addition, 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 grant counsel’s
motion to withdraw and affirm.
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