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United States v. Michael Shrock
21-2765
| 8th Cir. | Feb 25, 2022
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Docket

*1 Before BENTON, KELLY, and KOBES, Circuit Judges.

____________

PER CURIAM.

Michael Shrock appeals the sentence imposed by the district court [1] after he pled guilty to drug and firearm offenses. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

*2 His counsel has moved for leave to withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967), challenging the sentence. The district court did not impose a substantively unreasonable sentence, as the court properly considered the factors listed in 18 U.S.C. § 3553(a), and did not err in weighing the relevant factors. See United States v. Feemster , 572 F.3d 455, 461-62 (8th Cir. 2009) (reviewing sentences for substantive reasonableness under deferential abuse of discretion standard; abuse of discretion occurs when court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors); see also United States v. Mangum , 625 F.3d 466, 469-70 (8th Cir. 2010) (upward variance was reasonable where court made individualized assessment based on facts presented).

This court has also independently reviewed the record under Penson v. Ohio , 488 U.S. 75 (1988), and has found no non-frivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________

-2-

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

Case Details

Case Name: United States v. Michael Shrock
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Feb 25, 2022
Docket Number: 21-2765
Court Abbreviation: 8th Cir.
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