United States v. Kenneth Birch, No. 18-1252 (8th Cir. 2018)

Annotate this Case
Court Description: Per Curiam - Before Wollman, Bowman and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-guidelines-range sentence was not substantively unreasonable. [ August 06, 2018
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1252 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kenneth A. Birch lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: August 3, 2018 Filed: August 7, 2018 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Kenneth Birch directly appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense and was sentenced at the bottom of the calculated 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. Guidelines range. Birch’s counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Birch’s sentence. 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 deferential abuse-ofdiscretion standard; discussing substantive reasonableness); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________ -2-