United States of America v. Gina Denise Hendrix

22-3558Court of Appeals for the Eighth Circuit31 de jan. de 2024

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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2892
___________________________
United States of America
Plaintiff - Appellee
v.
Gina Denise Hendrix
Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: January 18, 2024
Filed: January 24, 2024
[Unpublished]
____________
Before BENTON, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Gina Hendrix received a 132-month sentence after she pleaded guilty to
conspiring to distribute methamphetamine and possessing it with intent to distribute.
See 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. An Anders brief suggests that the
sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738
(1967).

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We conclude otherwise. See United States v. Feemster, 572 F.3d 455, 461
(8th Cir. 2009) (en banc) (reviewing the reasonableness of a sentence for an abuse
of discretion). The record establishes that the district court1 sufficiently considered
the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper
factor or commit a clear error of judgment. See United States v. McDaniels, 19 F.4th
1065, 1067 (8th Cir. 2021) (per curiam) (explaining that the district court has “wide
latitude to weigh the relevant sentencing factors” and “weighing [them] differently
than a defendant would have preferred does not alone justify reversal” (citation
omitted)).
We have also independently reviewed the record and conclude that no other
non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We
accordingly affirm the judgment of the district court and grant counsel permission
to withdraw.
______________________________
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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