United States v. Kevin Burke ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2151
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kevin Burke
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: October 29, 2024
Filed: November 1, 2024
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Kevin Burke appeals after he pleaded guilty to a drug distribution offense and
the district court1 imposed a within-Guidelines sentence. His counsel has moved for
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738(1967), challenging the sentence as substantively unreasonable.
After careful review, we conclude that the district court did not abuse its
discretion in sentencing Burke. See United States v. Feemster, 572 F.3d 455, 461-62
(8th Cir. 2009) (en banc) (standard of review); see also United States v. Callaway,
762 F.3d 754, 760 (8th Cir. 2014) (stating that on appeal, a within-Guidelines range
sentence is presumed reasonable).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel leave to withdraw.
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