UNITED STATES v. DEHART (2019)

[Unpublished]

Kevin DeHart directly appeals after he pled guilty to attempting to entice a minor to engage in sexual activity, and the district court ¹ sentenced him to a prison term within the calculated Guidelines range. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is substantively unreasonable.

Upon careful review, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc) (sentences are reviewed under a deferential abuse-of-discretion standard; discussing substantive reasonableness). In addition, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable P.K. Holmes, III, United States District Judge for the Western District of Arkansas.

PER CURIAM.