Background
Jeffrey Guentert appealed his sentence after pleading guilty to receipt of child pornography. His plea agreement waived the right to appeal except for the sentence imposed. His counsel moved to withdraw and filed a brief challenging the sentence as substantively unreasonable.
The court’s reasoning
The court concluded that the district court did not impose a substantively unreasonable sentence. It found the district court properly considered the factors under Section thirty-five fifty-three of Title eighteen and did not overlook any relevant factors or commit a clear error of judgment. The court independently reviewed the record and found no non-frivolous issues for appeal outside the scope of the appeal waiver.
What it means going forward
The judgment is affirmed, and the defendant’s sentence stands. Counsel is permitted to withdraw from the case.