United States v. Fredy Morales-Alvarez

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2522 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Fredy Juan Morales-Alvarez lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: January 07, 2021 Filed: January 12, 2021 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Fredy Juan Morales-Alvarez appeals after he pleaded guilty to a drug offense, and the district court1 imposed a sentence at the bottom of the advisory sentencing 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. guideline range. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. Having reviewed the record under a deferential abuse-of-discretion standard of review, 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); see also United States v. Dunn, 928 F.3d 688, 694 (8th Cir. 2019). Furthermore, 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-