United States v. Robin Keith

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 27, 2022
• Docket: 21-2274
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2274 ___________________________

United States of America

Plaintiff - Appellee

v.

Robin Ray Keith

Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: April 15, 2022 Filed: July 27, 2022 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Robin Keith, who pleaded guilty to possession with the intent to distribute methamphetamine, received a 292-month prison sentence. See 21 U.S.C. § 841(a)(1), (b)(1)(A). He argues that the sentence is unreasonably long in light of the mitigating factors he presented. We conclude the sentence is substantively reasonable. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (reviewing the substantive reasonableness of a sentence for an abuse of discretion); see also United States v. Washington, 893 F.3d 1076, 1080 (8th Cir. 2018) (explaining that a sentence within the advisory range is presumptively reasonable). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, including various mitigating and aggravating circumstances. See 18 U.S.C. § 3553(a). Among them were Keith’s difficulties with addiction and his mental health, even though the court placed greater weight on the potential danger Keith posed to the public and the “serious drug quantities” he distributed. Just because Keith would have weighed these factors differently does not mean the court abused its discretion. See United States v. Hall, 825 F.3d 373, 375 (8th Cir. 2016) (per curiam).

We accordingly affirm the judgment of the district court. ______________________________

1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. -2-