United States Court of Appeals
For the Eighth Circuit
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No. 19-1420
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Marcos Antonio Chavez Gonzalez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: September 5, 2019
Filed: September 9, 2019
[Unpublished]
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.
Marcos Gonzalez appeals after he pleaded guilty to illegal reentry into the
United States and the district court1 sentenced him to a prison term below the
calculated Guidelines range.
We conclude that the district court imposed a substantively reasonable sentence.
Gonzalez was sentenced below the calculated Guidelines range and there is no
indication that the court overlooked a relevant factor, gave significant weight to an
improper or irrelevant factor, or committed a clear error of judgment in weighing
appropriate factors. See United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir.
2009) (en banc) (discussing substantive reasonableness); see also United States v.
McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (where district court has varied below
Guidelines range, it is “nearly inconceivable” that court abused its discretion in not
varying downward still further). Having independently reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal.
Accordingly, we affirm, and we grant counsel permission to withdraw.
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1
The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
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