UNITED STATES v. SEPEDA (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Desire Ann SEPEDA, also known as Desire Anna Sepeda Defendant - Appellant

No. 19-1032

Decided: October 30, 2019

Before GRUENDER, BENTON, and STRAS, Circuit Judges. Craig Peyton Gaumer, Amy L. Jennings, Assistant U.S. Attorneys, U.S. Attorney's Office, Des Moines, IA, for Plaintiff - Appellee Desire Ann Sepeda, Pro Se

[Unpublished]

Desire Sepeda appeals 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), arguing that the district court erred in denying a mitigating-role reduction.

After careful review, we conclude that the district court did not clearly err in declining to apply a mitigating-role reduction. See United States v. Hunt, 840 F.3d 554, 557 (8th Cir. 2016) (standard of review). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm.

FOOTNOTES

1.   The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

PER CURIAM.