United States v. Gregg McGee

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4361334] [15-3300]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3300
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Gregg Morris McGee, also known as Jimmy Ray Williams, also known as Mykiel
Lewis, also known as Calvin McGee, also known as Greg Morris McGee, also
known as Gregory Morris McGee
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: January 19, 2016
Filed: January 29, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3300

Page: 1

Date Filed: 01/29/2016 Entry ID: 4361334

Gregg McGee appeals the sentence the district court1 imposed after he pled
guilty to a felon-in-possession charge. His counsel has filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging the substantive reasonableness of
Mr. McGee’s within-Guidelines-range prison term. Upon careful review, we conclude
that the district court properly weighed relevant sentencing factors, and did not impose
a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455,
461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions;
abuse of discretion occurs when district court (1) fails to consider relevant factor that
should have received significant weight, (2) gives significant weight to improper or
irrelevant factor, or (3) considers only appropriate factors but in weighing those
factors commits clear error of judgment; if sentence is within Guidelines range,
appellate court may apply presumption of reasonableness). In addition, we have
independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75,
80 (1988), and have found no non-frivolous issues. Accordingly, the judgment is
affirmed.
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1

The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
-2-

Appellate Case: 15-3300

Page: 2

Date Filed: 01/29/2016 Entry ID: 4361334