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United States v. Shannon Straub
671 F. App'x 405
| 8th Cir. | 2016
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Docket

*1 Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.

____________

PER CURIAM.

After pleading guilty to 3 counts of transporting individuals through interstate commerce for prostitution, Shannon Straub appeals the district court’s [1] within- *2 Guidelines-range sentence. 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 was substantively unreasonable.

We find no abuse of discretion in the district court’s sentence, as the court considered the 18 U.S.C. § 3553(a) factors and did not give significant weight to an improper or irrelevant factor or commit a clear error of judgment in weighing the factors, see United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009); and because within-Guidelines sentences are generally presumed reasonable, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). We have also independently reviewed the record pursuant to Penson v. Ohio , 488 U.S. 75 (1988), and have found no non-frivolous issues.

Accordingly, we affirm and grant counsel’s motion to withdraw.

______________________________

-2-

[1] The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri.

Case Details

Case Name: United States v. Shannon Straub
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Dec 13, 2016
Citation: 671 F. App'x 405
Docket Number: 16-1813
Court Abbreviation: 8th Cir.
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