Jack Gross v. FBL Financial Services

1The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-3557
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Kevin Gerome Leggiton, *
* [UNPUBLISHED]
Appellant. *
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Submitted: November 5, 2009
Filed: November 12, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Kevin Leggiton (Leggiton) challenges the 235-month sentence the district
court 1 imposed after Leggiton pled guilty to production of child pornography, in
violation of 18 U.S.C. § 2251(a) and (e). Counsel has moved to withdraw and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the
sentence the district court imposed is excessive.

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-2-
We note that the district court sentenced Leggiton at the bottom of the
applicable advisory Guidelines range after properly considering the 18 U.S.C.
§ 3553(a) factors, and we conclude that the sentence is reasonable. See United States
v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (explaining that the reasonableness
of a sentence is reviewed for abuse of discretion, and defining the ways in which an
abuse of discretion may occur); see also Rita v. United States, 551 U.S. 338, 347
(2007) (approving an appellate court presumption of reasonableness for within-
Guidelines-range sentences); United States v. Lincoln, 413 F.3d 716, 717 (8th Cir.
2005) (applying the presumption).
Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we
have found no nonfrivolous issues. Therefore, we grant counsel’s motion to
withdraw, and we affirm.
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