United States Court of Appeals
For the Eighth Circuit
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No. 19-2810
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kevin McKee
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: March 20, 2020
Filed: March 25, 2020
[Unpublished]
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Before ERICKSON, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Kevin McKee appeals the sentence the district court1 imposed after he pleaded
guilty to a firearm offense. His counsel has moved for leave to withdraw, and has
1
The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
substantive reasonableness of the sentence.
After careful review, we conclude that the district court did not impose an
unreasonable sentence. The court properly considered the factors set forth in 18
U.S.C. § 3553(a), and there is no indication that the court considered an improper or
irrelevant factor or committed a clear error in weighing relevant factors. See United
States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing
appellate review of sentencing decisions). Further, the court imposed a sentence
within the Guidelines imprisonment range. See United States v. Callaway, 762 F.3d
754, 760 (8th Cir. 2014) (within-Guidelines-range sentence is presumed reasonable).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion and affirm.
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