United States v. Kevin Adams ( 2024 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 24-2076
    ___________________________
    United States of America
    Plaintiff - Appellee
    v.
    Kevin Adams
    Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Western
    ____________
    Submitted: October 9, 2024
    Filed: October 15, 2024
    [Unpublished]
    ____________
    Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Kevin Adams appeals the above-Guidelines sentence the district court1
    imposed after he pled guilty to an escape from custody. Having jurisdiction under
    
    28 U.S.C. § 1291
    , this court affirms.
    1
    The Honorable Leonard T. Strand, United States District Judge for the
    Northern District of Iowa.
    Counsel moved for leave to withdraw and filed a brief under Anders v.
    California, 
    386 U.S. 738
     (1967), arguing that the sentence was substantively
    unreasonable and that a within-Guidelines sentence would have served the interests
    of justice. 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) (abuse of discretion review); United States
    v. Mangum, 
    625 F.3d 466
    , 469-70 (8th Cir. 2010) (upward variance reasonable
    where court makes individualized assessment based on facts presented).
    Having independently reviewed the record pursuant to Penson v. Ohio, 
    488 U.S. 75
     (1988), this court finds no non-frivolous issues for appeal.
    The judgment is affirmed and counsel’s motion to withdraw is granted.
    ______________________________
    -2-
    

Document Info

Docket Number: 24-2076

Filed Date: 10/15/2024

Precedential Status: Non-Precedential

Modified Date: 10/15/2024