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United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Gregory W. DONNER Defendant-Appellant

No. 17-3397

Decided: December 18, 2018

Before LOKEN, BOWMAN, and GRASZ, Circuit Judges. John Nicholas Koester, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Cape Girardeau, MO, for Plaintiff-Appellee Gregory W. Donner, Pro Se


Gregory Donner directly appeals the sentence the district court 1 imposed after he pleaded guilty to a drug 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). Donner has not filed a pro se brief.

While Donner challenges a sentencing enhancement the district court imposed for maintaining a manufacturing or distribution premises, he waived his challenge to the enhancement when he withdrew his objection to it in the district court. See United States v. Stoney End of Horn, 829 F.3d 681, 687-88 (8th Cir. 2016). Donner also argues that the drug quantity calculation was erroneous because the entire weight of liquid LSD was used in calculating the LSD quantity, rather than extracting the drug from its carrier. We conclude that any such error in calculating the drug quantity is harmless because it did not change the base offense level imposed and had no effect on Donner’s sentence. See Fed. R. Crim. P. 52(a) (harmless-error rule); United States v. Phillippi, 911 F.2d 149, 151 (8th Cir. 1990). 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 nonfrivolous issues for appeal.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.


1.   The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.


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