Background
Friday Gardner appealed after pleading guilty to drug-distribution and firearm offenses. The district court imposed a sentence within the Sentencing Guidelines range. His counsel moved to withdraw and filed a brief under Anders v. California, arguing the sentence was substantively unreasonable.
The court’s reasoning
The court applied the abuse of discretion standard of review. It held that a sentence within the Guidelines range is presumed reasonable. The district court properly considered the factors under Section thirty-five fifty-three of Title eighteen of the United States Code. The court found no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment. The court independently reviewed the record under Penson v. Ohio and found no non-frivolous issues for appeal.
What it means going forward
The decision affirms the district court’s judgment and allows appointed counsel to withdraw from the appeal after determining there are no non-frivolous issues to pursue.
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