Filed: Jun. 10, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3101 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Richard Thomas Hense, also known as Dick Hense lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: June 5, 2019 Filed: June 10, 2019 [Unpublished] _ Before BENTON, STRAS, and KOBES, Circuit Judges. _ PER CURIAM. Richard Hense appeals the sentence imposed by the distric
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3101 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Richard Thomas Hense, also known as Dick Hense lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: June 5, 2019 Filed: June 10, 2019 [Unpublished] _ Before BENTON, STRAS, and KOBES, Circuit Judges. _ PER CURIAM. Richard Hense appeals the sentence imposed by the district..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3101
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Richard Thomas Hense, also known as Dick Hense
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Dubuque
____________
Submitted: June 5, 2019
Filed: June 10, 2019
[Unpublished]
____________
Before BENTON, STRAS, and KOBES, Circuit Judges.
____________
PER CURIAM.
Richard Hense appeals the sentence imposed by the district court1 after he
pleaded guilty to drug and firearm offenses. His counsel has moved for leave to
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
withdraw and has filed a brief under Anders v. California,
386 U.S. 738 (1967),
arguing that the sentence was unreasonable.
We conclude that the district court did not impose a substantively unreasonable
sentence. See United States v. Feemster,
572 F.3d 455, 461-62 (8th Cir. 2009)
(sentences are reviewed for substantive reasonableness under deferential abuse of
discretion standard; abuse of discretion occurs when court fails to consider significant
factor, gives weight to improper or irrelevant factor, or commits clear error of
judgment in weighing appropriate factors). The record establishes that the district
court adequately considered the sentencing factors listed in 18 U.S.C. § 3553(a). See
United States v. Wohlman,
651 F.3d 878, 887 (8th Cir. 2011) (court need not
mechanically recite § 3553(a) factors, so long as it is clear from record that court
considered them in determining sentence).
We have also independently reviewed the record under Penson v. Ohio,
488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. We affirm the
judgment and grant counsel’s motion to withdraw.
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