United States v. Kevin Adams

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 15, 2024
• Docket: 24-2076
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2076 ___________________________

United States of America

Plaintiff - Appellee

v.

Kevin Adams

Defendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Western ____________

Submitted: October 9, 2024 Filed: October 15, 2024 [Unpublished] ____________

Before GRUENDER, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Kevin Adams appeals the above-Guidelines sentence the district court1 imposed after he pled guilty to an escape from custody. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable Leonard T. Strand, United States District Judge for the Northern District of Iowa. Counsel moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was substantively unreasonable and that a within-Guidelines sentence would have served the interests of justice. 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) (abuse of discretion review); United States v. Mangum, 625 F.3d 466, 469-70 (8th Cir. 2010) (upward variance reasonable where court makes individualized assessment based on facts presented).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), this court finds no non-frivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________

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