United States of America v. Myles Schwitzer

United States Court of Appeals
For the Eighth Circuit
___________________________

No. 19-2214
___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Myles Schwitzer

lllllllllllllllllllllDefendant - Appellant
____________

Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
____________

Submitted: January 23, 2020
Filed: January 28, 2020
[Unpublished]
____________

Before SHEPHERD, STRAS, and KOBES, Circuit Judges.
____________

PER CURIAM.

Myles Schwitzer pleaded guilty to using a communication facility to commit
a felony drug crime, 21 U.S.C. § 843(b), and received a within-Guidelines-range
sentence of three years of probation. In an Anders brief, Schwitzer’s counsel

- 2 -

identifies the substantive reasonableness of the sentence as an issue for us to consider
on appeal. See Anders v. California, 386 U.S. 738 (1967).

We conclude that Schwitzer’s sentence is substantively reasonable. See
United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-
Guidelines-range sentence is presumptively reasonable). The record establishes that
the district court
1
sufficiently considered the statutory sentencing factors, 18 U.S.C.
§ 3553(a), and did not rely on an improper factor or commit a clear error of
judgment. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en
banc).

We have also independently reviewed the record under Penson v. Ohio,
488 U.S. 75 (1988), and conclude that there are no non-frivolous issues for appeal.
Accordingly, we affirm the judgment of the district court.
______________________________

1
The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.