United States v. Kyle Cook
CourtCourt of Appeals for the Eighth Circuit
Date FiledOctober 28, 2026
Docket26-1771
StatusUnpublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 26-1771
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kyle Ryan Cook
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: October 23, 2026
Filed: October 28, 2026
[Unpublished]
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Before STRAS, KOBES, and JUSTIN D. SMITH, Circuit Judges.
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PER CURIAM.
Kyle Cook appeals after he pled guilty to transmitting a communication
containing a threat, and the district court1 imposed an above-Guidelines-range prison
1
The Honorable C.J. Williams, Chief Judge, United States District Court for the
Northern District of Iowa.
sentence. His 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 Cook. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009)
(en banc) (standard of review); see also United States v. Anderson, 90 F.4th 1226,
1227 (8th Cir. 2024) (district court has wide latitude in weighing relevant factors,
including discretion to assign more weight to offense’s nature and circumstances than
to defendant’s mitigating personal characteristics). Having independently reviewed
the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues
for appeal.
Accordingly, we affirm the judgment and grant counsel’s motion to withdraw.
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