UNITED STATES v. LAWRENCE (2021)

[Unpublished]

Columbus Lawrence appeals the sentence the district court ¹ imposed after he pled guilty to a firearm offense. 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 application of United States Sentencing Guidelines Manual § 2K2.1(b)(6)(B)’s four-level enhancement to Lawrence's advisory offense level for possession of a firearm in connection with another felony offense (Iowa Code § 724.4(1)).

Lawrence argues the district court erred in imposing the enhancement because the conduct leading to his conviction was the same conduct by which he could be held accountable under section 724.4(1). As Lawrence acknowledges, this argument is foreclosed by our decision in United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014); see also United States v. Manning, 786 F.3d 684, 686 (8th Cir. 2015) (“A panel of this Court is bound by a prior Eighth Circuit decision unless that case is overruled by the Court sitting en banc.”).

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 C.J. Williams, United States District Judge for the Northern District of Iowa.

PER CURIAM.