UNITED STATES v. TURNER (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Dominic A. TURNER Defendant-Appellant

No. 17-2581

Decided: February 12, 2018

Before BENTON, MURPHY, and ERICKSON, Circuit Judges. Jeffrey Q. McCarther, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO, for Plaintiff-Appellee Anita L. Burns, Assistant Federal Public Defender, Federal Public Defender's Office, Kansas City, MO, for Defendant-Appellant Dominic A. Turner, Pro Se

[Unpublished]

Dominic A. Turner directly appeals the within-Guidelines-range sentence the district court ¹ imposed after he pled guilty to being a felon in possession of a firearm. 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. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful review, this court concludes that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues for appeal.

The judgment is affirmed, and counsel’s motion to withdraw is granted.

FOOTNOTES

1.   The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

PER CURIAM.