United States of America v. Byron Christopher Teehee, also known as Ernie

United States Court of Appeals
For the Eighth Circuit
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No. 19-1851
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Byron Christopher Teehee, also known as Ernie
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: November 20, 2019
Filed: November 25, 2019
[Unpublished]
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Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.
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PER CURIAM.
Byron Teehee appeals the sentence the district court1 imposed after he pleaded
guilty to a drug offense. His counsel has moved to withdraw and has filed a brief
1The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.

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under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence.
After careful review, we conclude that the district court did not impose an
unreasonable sentence. The court properly considered the factors set forth in 18
U.S.C. § 3553(a), and there is no indication that the court considered an improper or
irrelevant factor or committed a clear error in weighing relevant factors. See United
States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (discussing appellate
review of sentencing decisions). Further, the court imposed a sentence below the
guidelines imprisonment range. See United States v. Lazarski, 560 F.3d 731, 733 (8th
Cir. 2009) (stating that where the district court varied downward from the guidelines
range, it was “nearly inconceivable” that the court abused its discretion in not varying
downward further).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion and affirm.
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