UNITED STATES v. LIKE (2021)

[Unpublished]

Ronald Like appeals the sentence the district court ¹ imposed after he pleaded guilty to a firearms offense. His counsel has moved for leave 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 not crediting Like for time he served in a county jail before sentencing.

We conclude that the district court was not authorized under 18 U.S.C. § 3585(b) to compute sentencing credit at the sentencing hearing. See United States v. Wilson, 503 U.S. 329, 333, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). To the extent Like argues that the sentence is unreasonable, we conclude that the district court did not abuse its discretion by imposing a sentence of 70 months’ imprisonment, which was within the advisory guideline range. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc); see also United States v. St. Claire, 831 F.3d 1039, 1043 (8th Cir. 2016).

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 nonfrivolous issues for appeal. We grant counsel leave to withdraw, and affirm.

FOOTNOTES

1.   The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri.

PER CURIAM.