United States v. Kevin DeHart, No. 18-3536 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Grasz and Kobes, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-Guidelines range sentence was not substantively unreasonable. [ July 30, 2019
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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 Smith Division ____________ Submitted: July 29, 2019 Filed: July 31, 2019 [Unpublished] ____________ Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.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. ______________________________ -2-
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