U.S. Court of Appeals for the Eighth Circuit, 2018

United States v. Kenneth Birch

United States v. Kenneth Birch
U.S. Court of Appeals for the Eighth Circuit · Decided August 7, 2018

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Court for the Western District of Missouri - Kansas City ____________ Submitted: August 3, 2018 Filed: August 7, 2018 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and ERICKSON, Circuit Judges.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 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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