U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Michael Kuhn

United States v. Michael Kuhn
U.S. Court of Appeals for the Eighth Circuit · Decided September 18, 2023

United States v. Michael Kuhn

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1580 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Michael Kuhn lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas ____________ Submitted: September 13, 2023 Filed: September 18, 2023 [Unpublished] ____________ Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Michael Kuhn appeals the sentence the district court1 imposed after he pled guilty to unlawfully possessing methamphetamine with the intent to distribute. His The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

After careful review, we conclude the district court did not abuse its discretion in sentencing Kuhn. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States Sentencing Guidelines Manual range). Further, 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 leave to withdraw and affirm. ______________________________

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