United States v. Delbert Feezell

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3185 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Delbert Clay Feezell

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Joplin ____________

Submitted: May 2, 2019 Filed: May 7, 2019 [Unpublished] ____________

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

PER CURIAM.

Delbert Clay Feezell directly appeals the within-Guidelines sentence the district court1 imposed after he pleaded guilty to receiving and distributing child pornography.

1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri.

His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable.

Upon careful review, we find no basis to disturb the district court’s sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (stating that sentences are reviewed under a deferential abuse-of-discretion standard and discussing substantive reasonableness); United States v. St. Claire, 831 F.3d 1039, 1043 (8th Cir. 2016) (noting that a within-Guidelines sentence is accorded a presumption of substantive reasonableness on appeal); see also United States v. Nguyen, 46 F.3d 781, 783 (8th Cir. 1995) (finding that, where a defendant “explicitly and voluntarily” exposed himself to a specific sentence, a direct challenge to the sentence was foreclosed).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________

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