United States v. Kevin McKee, No. 19-2810 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Erickson, Grasz and Kobes, 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. 19-2810 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kevin McKee lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: March 20, 2020 Filed: March 25, 2020 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Kevin McKee appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense. His counsel has moved for leave to withdraw, and has 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. filed a brief 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 an unreasonable sentence. The court properly considered the factors set forth in 18 U.S.C. § 3553(a), and there is no indication that the court considered an improper or irrelevant factor or committed a clear error in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions). Further, the court imposed a sentence within the Guidelines imprisonment range. See United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (within-Guidelines-range sentence is presumed reasonable). 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 affirm. ______________________________ -2-
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