United States v. Devonte Colbert

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3120 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Devonte Demario Colbert, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: May 11, 2020 Filed: May 14, 2020 [Unpublished] ____________ Before COLLOTON, BEAM, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Devonte Demario Colbert appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense. His counsel has moved to withdraw, and 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Upon careful review under a deferential abuse-of-discretion standard, see Gall v. United States, 552 U.S. 38, 41 (2007), we conclude that the district court did not impose an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), 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 relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc). Finally, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment. ______________________________ -2-