United States v. Theo Walker

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 4, 2023
• Docket: 23-2128
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2128 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Theo Walker

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: September 29, 2023 Filed: October 4, 2023 [Unpublished] ____________

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

PER CURIAM.

Theo Walker appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved to withdraw

1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas. 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 Walker. 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 (8th Cir. 2014) (presuming sentences reasonable if 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. ______________________________

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