United States v. Shannon Straub


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED); Granting [4405398-2] motion to withdraw as counsel filed by Ms. Brocca L. Morrison. [4478903] [16-1813]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1813 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Shannon J. Straub lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 7, 2016 Filed: December 13, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. After pleading guilty to 3 counts of transporting individuals through interstate commerce for prostitution, Shannon Straub appeals the district court’s1 within- 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. Appellate Case: 16-1813 Page: 1 Date Filed: 12/13/2016 Entry ID: 4478903 Guidelines-range sentence. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was substantively unreasonable. We find no abuse of discretion in the district court’s sentence, as the court considered the 18 U.S.C. § 3553(a) factors and did not give significant weight to an improper or irrelevant factor or commit a clear error of judgment in weighing the factors, see United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009); and because within-Guidelines sentences are generally presumed reasonable, see United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014). We have also independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues. Accordingly, we affirm and grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 16-1813 Page: 2 Date Filed: 12/13/2016 Entry ID: 4478903

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