U.S. Court of Appeals for the Eighth Circuit, 2017

United States v. Ian Mackie

United States v. Ian Mackie
U.S. Court of Appeals for the Eighth Circuit · Decided October 3, 2017 · Loken, Murphy, Per Curiam, Shepherd
697 F. App'x 890

United States v. Ian Mackie

Opinion

PER CURIAM.

Ian Mackie directly appeals the sentence imposed by the district court 1 after he pled guilty to enticement of a minor and receipt of child pornography. Mackie’s counsel has moved for leave to withdraw, *891 and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging the sentence as substantively unreasonable. Upon careful review, we conclude that Mackie’s sentence, which was imposed within his Sentencing Guidelines range, is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions; if sentence is within Guidelines range, appellate court may, but is not required to, apply presumption of reasonableness).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

1

, The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri.

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