United States v. Kenneth James, No. 19-1718 (8th Cir. 2019)
Annotate this CaseCourt Description: Before Gruender, Benton and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1718 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kenneth Craig James lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: October 23, 2019 Filed: October 24, 2019 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Kenneth James appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed a brief 1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. After 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) (discussing abuse-of-discretion review of sentence for substantive reasonableness). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion, and we affirm. ______________________________ -2-
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