United States v. Zackery Jones

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2166 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Zackery Marvin Leroy Jones

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Davenport ____________

Submitted: March 15, 2019 Filed: March 28, 2019 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Zackery Jones directly appeals after he pleaded guilty to a drug offense and the district court1 sentenced him to a within-Guidelines prison term. His counsel has

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (substantive reasonableness is reviewed for abuse of discretion); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). The record establishes that the district court adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a). See United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011) (court need not mechanically recite § 3553(a) factors, so long as it is clear from record that court actually considered them in determining sentence).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________

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