UNITED STATES v. VAN HILL (2020)

[Unpublished]

Darron Van Hill appeals after he conditionally pleaded guilty to a firearms offense, and the district court ¹ imposed a 24-month prison sentence. 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), challenging the district court’s denial of a motion to suppress. Upon careful review, we conclude that the district court properly denied the motion. See United States v. Donnelly, 475 F.3d 946, 951 (8th Cir. 2007) (standard of review); see also United States v. Shackleford, 830 F.3d 751, 753 (8th Cir. 2016) (stating that probable cause to believe that an automobile contains contraband or evidence of criminal activity justifies the warrantless search of the automobile and seizure of the contraband).

Finally, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues. Accordingly, we affirm, and we grant counsel’s motion to withdraw.

FOOTNOTES

1.   The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

PER CURIAM.