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United States v. Adam Facundo, 20-1252 (2020)

Court: Court of Appeals for the Eighth Circuit Number: 20-1252 Visitors: 2
Filed: Oct. 30, 2020
Latest Update: Oct. 30, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 20-1252 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Adam Lee Facundo, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: October 27, 2020 Filed: October 30, 2020 [Unpublished] _ Before COLLOTON, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Adam Facundo appeals the sentence imposed by the district court
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 20-1252
                        ___________________________

                             United States of America,

                        lllllllllllllllllllllPlaintiff - Appellee,

                                           v.

                                Adam Lee Facundo,

                      lllllllllllllllllllllDefendant - Appellant.
                                       ____________

                     Appeal from United States District Court
                for the Western District of Arkansas - Fayetteville
                                 ____________

                           Submitted: October 27, 2020
                             Filed: October 30, 2020
                                  [Unpublished]
                                 ____________

Before COLLOTON, KELLY, and ERICKSON, Circuit Judges.
                          ____________

PER CURIAM.

      Adam Facundo appeals the sentence imposed by the district court1 after he
pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and

      1
      The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
has filed a brief under Anders v. California, 
386 U.S. 738
(1967), arguing that the
sentence was unreasonable.

       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
, 461-62 (8th Cir. 2009) (substantive
reasonableness is reviewed for abuse of discretion); see also United States v.
Callaway, 
762 F.3d 754
, 760 (8th Cir. 2014).

      We also have independently reviewed the record under Penson v. Ohio, 
488 U.S. 75
(1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel’s motion to withdraw.
                      ______________________________




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