United States v. Travis McKie, No. 22-1008 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Benton, Shepherd, and Grasz, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable. [ July 20, 2022 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1008 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Travis Lee McKie lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: July 18, 2022 Filed: July 21, 2022 [Unpublished] ____________ Before BENTON, SHEPHERD, and GRASZ, Circuit Judges. ____________ PER CURIAM. Travis McKie appeals the sentence the district court1 imposed after he pleaded guilty to a child pornography offense. His counsel has moved to withdraw and has 1 The Honorable John A. Jarvey, then Chief Judge, United States District Court for the Southern District of Iowa, now retired. filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence. Upon careful review, we conclude that McKie’s sentence was not unreasonable, as there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors, see United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); and the court imposed a sentence below the Guidelines range, see United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when district court has varied below Guidelines range, it is “nearly inconceivable” that court abused its discretion in not varying downward further). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm, and we grant counsel’s motions to withdraw. ______________________________ -2-
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