United States v. Martin Caballero-Bringas, No. 24-2230 (8th Cir. 2024)

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-2230 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Martin Caballero-Bringas lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: December 11, 2024 Filed: December 16, 2024 [Unpublished] ____________ Before GRUENDER, BENTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Martin Caballero-Bringas appeals the within-Guidelines sentence the district court imposed after he pleaded guilty to a drug offense. His counsel has moved for 1 1 The Honorable Brian C. Buescher, United States District Judge for the District of Nebraska. leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. Upon careful review, we conclude that the district court did not abuse its discretion in sentencing Caballero-Bringas, as it properly considered the 18 U.S.C. § 3553(a) factors; there was no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing the relevant factors; and the sentence was within the advisory Guidelines range. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines sentence may be presumed reasonable). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we affirm, and grant counsel’s motion to withdraw. ______________________________ -2-

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