UNITED STATES v. KLUCK (2020)

[Unpublished]

Timothy Andrew Kluck appeals after he pled guilty to two counts of possessing an unregistered firearm, and the district court ¹ sentenced him to a within-Guidelines prison term. His counsel has moved 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), challenging the reasonableness of the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After carefully reviewing the record, this court concludes that the district court did not abuse its discretion by imposing a sentence within the advisory range, as there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. Munz, 780 F.3d 1199, 1200-01 (8th Cir. 2015) (per curiam).

This court has independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and has found no nonfrivolous issues for appeal.

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

PER CURIAM.