United States v. Timothy Kluck
United States v. Timothy Kluck
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 19-3045 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Timothy Andrew Kluck
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________
Submitted: May 7, 2020 Filed: May 13, 2020 [Unpublished] ____________
Before BENTON, SHEPHERD, and GRASZ, Circuit Judges. ____________
PER CURIAM.
Timothy Andrew Kluck appeals after he pled guilty to two counts of possessing an unregistered firearm, and the district court1 sentenced him to a within-Guidelines
1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. prison term. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
After carefully reviewing the record, this court concludes that the district court did not abuse its discretion by imposing a sentence within the advisory range, as there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. Munz, 780 F.3d 1199, 1200-01 (8th Cir. 2015) (per curiam).
This court has independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and has found no nonfrivolous issues for appeal.
The judgment is affirmed. See 8th Cir. R. 47B. ______________________________
-2-
Reference
- Status
- Unpublished