United States v. Shawn Lee

United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3134 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Shawn Lee lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: May 24, 2017 Filed: June 5, 2017 [Unpublished] ____________ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Shawn Lee directly appeals the sentence the district court1 imposed after he pled guilty to possessing a prohibited object in prison, in violation of 18 U.S.C. 1 The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas. § 1791(a)(2) and (d)(1)(B). His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Lee’s sentence is unreasonable. After careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentences; if sentence is within Guidelines range, appellate court may apply, but is not required to apply, presumption of reasonableness). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________ -2-