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18-3186•United States of America v. Timothy Andrew Kluck
18-3186Court of Appeals for the Eighth CircuitMay 29, 2020
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-3045
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Timothy Andrew Kluck
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: May 7, 2020
Filed: May 13, 2020
[Unpublished]
____________
Before BENTON, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.
Timothy Andrew Kluck appeals after he pled guilty to two counts of possessing
an unregistered firearm, and the district court1 sentenced him to a within-Guidelines
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
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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.
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.
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