United States v. Michael Kuhn

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 18, 2023
• Docket: 23-1580
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1580 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Michael Kuhn

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas ____________

Submitted: September 13, 2023 Filed: September 18, 2023 [Unpublished] ____________

Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Michael Kuhn appeals the sentence the district court1 imposed after he pled guilty to unlawfully possessing methamphetamine with the intent to distribute. His

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

After careful review, we conclude the district court did not abuse its discretion in sentencing Kuhn. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States Sentencing Guidelines Manual range). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw and affirm. ______________________________

-2-