United States v. Kenneth Birch

U.S. Court of Appeals for the Eighth Circuit

United States v. Kenneth Birch

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1252 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kenneth A. Birch

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: August 3, 2018 Filed: August 7, 2018 [Unpublished] ____________

Before WOLLMAN, BOWMAN, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Kenneth Birch directly appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense and was sentenced at the bottom of the calculated

1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. Guidelines range. Birch’s counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Birch’s sentence.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (sentences are reviewed under deferential abuse-of- discretion standard; discussing substantive reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________

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Reference

Status
Unpublished