United States v. Kevin DeHart

U.S. Court of Appeals for the Eighth Circuit

United States v. Kevin DeHart

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3536 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kevin DeHart

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Ft. Smith Division ____________

Submitted: July 29, 2019 Filed: July 31, 2019 [Unpublished] ____________

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

PER CURIAM.

Kevin DeHart directly appeals after he pled guilty to attempting to entice a minor to engage in sexual activity, and the district court1 sentenced him to a prison

1 The Honorable P.K. Holmes, III, United States District Judge for the Western District of Arkansas. term within the calculated Guidelines range. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable.

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 a deferential abuse-of-discretion standard; discussing substantive reasonableness). In addition, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________

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Reference

Status
Unpublished