United States v. Leonard Fisher, No. 23-3152 (8th Cir. 2024)
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3152 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Leonard Fisher, also known as Leonard Fisher, Jr. lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: May 1, 2024 Filed: May 6, 2024 [Unpublished] ____________ Before GRUENDER, ERICKSON, and KOBES, Circuit Judges. ____________ PER CURIAM. Leonard Fisher appeals the sentence the district court1 imposed after a jury found him guilty of a firearm charge. His counsel has moved to withdraw, and has 1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence, as the court properly considered the factors listed in 18 U.S.C. § 3553(a), and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (substantive reasonableness of sentence reviewed for abuse of discretion; abuse of discretion occurs when court fails to consider relevant factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing appropriate factors). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________ -2-
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