Filed: Feb. 09, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2491 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Aldreias Campbell lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: February 2, 2018 Filed: February 9, 2018 [Unpublished] _ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, Aldreias Campbell challenges the sentenc
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2491 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Aldreias Campbell lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: February 2, 2018 Filed: February 9, 2018 [Unpublished] _ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, Aldreias Campbell challenges the sentence..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2491
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Aldreias Campbell
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Waterloo
____________
Submitted: February 2, 2018
Filed: February 9, 2018
[Unpublished]
____________
Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
In this direct criminal appeal, Aldreias Campbell challenges the sentence the
district court1 imposed following his guilty plea to a drug charge. On appeal, his
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), arguing
that the district court erred at sentencing by departing upward under U.S.S.G.
§ 4A1.3(a), and that Campbell’s sentence is substantively unreasonable.
We conclude that the district court did not abuse its discretion in departing
upward, because it took into account the number and severity of Campbell’s unscored
convictions, and his likelihood to recidivate, see U.S.S.G. § 4A1.3(a); United States
v. Vasquez,
552 F.3d 734, 738 (8th Cir. 2009) (standard of review); and that the
sentence was not substantively unreasonable, as the court properly considered and
individually assessed several 18 U.S.C. § 3553(a) factors, and there was no indication
that it overlooked a relevant factor, or committed a clear error of judgment in
weighing relevant factors, see United States v. Feemster,
572 F.3d 455, 461 (8th Cir.
2009) (en banc) (standard of review).
Furthermore, we have independently reviewed the record under Penson v.
Ohio,
488 U.S. 75 (1988), and have found no non-frivolous issues for appeal.
Accordingly, we grant counsel’s motion, and affirm.
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