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United States v. Kluck

United States Court of Appeals For the Eighth Circuit
May 13, 2020
No. 19-3045 (8th Cir. May. 13, 2020)

Opinion

No. 19-3045

05-13-2020

United States of America Plaintiff - Appellee v. Timothy Andrew Kluck Defendant - Appellant


Appeal from United States District Court for the Southern District of Iowa - Des Moines [Unpublished] Before BENTON, SHEPHERD, and GRASZ, Circuit Judges. PER CURIAM.

Timothy Andrew Kluck appeals after he pled guilty to two counts of possessing an unregistered firearm, and the district court 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 (1967), challenging the reasonableness of the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

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

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 (1988), and has found no nonfrivolous issues for appeal.

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


Summaries of

United States v. Kluck

United States Court of Appeals For the Eighth Circuit
May 13, 2020
No. 19-3045 (8th Cir. May. 13, 2020)
Case details for

United States v. Kluck

Case Details

Full title:United States of America Plaintiff - Appellee v. Timothy Andrew Kluck…

Court:United States Court of Appeals For the Eighth Circuit

Date published: May 13, 2020

Citations

No. 19-3045 (8th Cir. May. 13, 2020)