United States v. Dominic Turner, No. 17-2581 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Murphy and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-Guidelines sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2581 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dominic A. Turner lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 2, 2018 Filed: February 12, 2018 [Unpublished] ____________ Before BENTON, MURPHY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Dominic A. Turner directly appeals the within-Guidelines-range sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. 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. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Upon careful review, this court concludes that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal. The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________ -2-
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