United States of America v. Michael Kuhn

United States Court of Appeals
For the Eighth Circuit
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No. 23-1580
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Michael Kuhn
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas
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Submitted: September 13, 2023
Filed: September 18, 2023
[Unpublished]
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Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.
Michael Kuhn appeals the sentence the district court1 imposed after he pled
guilty to unlawfully possessing methamphetamine with the intent to distribute. His
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

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counsel has moved to withdraw and has filed a brief under Anders v. California, 386
U.S. 738 (1967), challenging the substantive reasonableness of the sentence.
After careful review, we conclude the district court did not abuse its discretion
in sentencing Kuhn. 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, 760-61 (8th Cir. 2014) (presuming reasonable sentences within United States
Sentencing Guidelines Manual range). Further, having independently reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for
appeal. Accordingly, we grant counsel leave to withdraw and affirm.
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