UNITED STATES v. BROWN (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Daevone Rashad BROWN Defendant - Appellant

No. 18-3105

Decided: September 10, 2019

Before LOKEN, COLLOTON, and GRASZ, Circuit Judges. Margaret Anne Steindorf, Special Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Plaintiff - Appellee Daevone Rashad Brown, Pro Se

[Unpublished]

Daevone Brown appeals after he pled guilty to a felon-in-possession charge, and the district court ¹ sentenced him to a prison term below the calculated United States Sentencing Guidelines Manual (“Guidelines”) range. His 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), suggesting the district court erred in applying an enhancement under U.S.S.G. § 2K2.1(b)(6)(B), based on Brown’s possession of a firearm in connection with another offense, namely, carrying weapons in violation of Iowa Code § 724.4(1).

We conclude the district court properly applied the enhancement under § 2K2.1(b)(6)(B). See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing application of Guidelines de novo, and findings of fact for clear error); United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014) (affirming application of enhancement under § 2K2.1(b)(6)(B) to felon in possession of firearm, who possessed firearm in connection with violation of § 724.4(1)). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

PER CURIAM.