United States v. Rodney Reed

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1218 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Rodney Reed lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: August 24, 2022 Filed: August 30, 2022 [Unpublished] ____________ Before SHEPHERD, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Rodney Reed received a 180-month prison sentence after he pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1), 924(a)(2), and possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. § 924(c)(1)(A). An Anders brief suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). A pro se supplemental brief makes the same argument. We conclude that the sentence is substantively reasonable. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines sentence is presumed reasonable). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc). We have also independently reviewed the record and conclude that no other nonfrivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________ 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. -2-