UNITED STATES v. FENDER (2019)

[Unpublished]

Selica Fender appeals from the sentence the District Court ¹ imposed after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Counsel argues that the District Court erred in denying safety-valve relief under 18 U.S.C. § 3553(f). We reject this argument because we conclude that Fender failed to establish that she qualified for the relief sought. See United States v. Guerra-Cabrera, 477 F.3d 1021, 1025 (8th Cir. 2007) (stating that defendants must establish that they qualify for safety-valve relief).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we have identified no non-frivolous issues for appeal. We grant counsel’s motion to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, sitting by designation.

PER CURIAM.