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United States v. Brown

United States Court of Appeals For the Eighth Circuit
Sep 10, 2019
No. 18-3105 (8th Cir. Sep. 10, 2019)

Opinion

No. 18-3105

09-10-2019

United States of America Plaintiff - Appellee v. Daevone Rashad Brown Defendant - Appellant


Appeal from United States District Court for the Southern District of Iowa - Des Moines [Unpublished] Before LOKEN, COLLOTON, and GRASZ, Circuit Judges. PER CURIAM.

Daevone Brown appeals after he pled guilty to a felon-in-possession charge, and the district court sentenced him to a prison term below the calculated United States Sentencing Guidelines Manual ("Guidelines") range. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting the district court erred in applying an enhancement under U.S.S.G. § 2K2.1(b)(6)(B), based on Brown's possession of a firearm in connection with another offense, namely, carrying weapons in violation of Iowa Code § 724.4(1).

The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

We conclude the district court properly applied the enhancement under § 2K2.1(b)(6)(B). See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing application of Guidelines de novo, and findings of fact for clear error); United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014) (affirming application of enhancement under § 2K2.1(b)(6)(B) to felon in possession of firearm, who possessed firearm in connection with violation of § 724.4(1)). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.


Summaries of

United States v. Brown

United States Court of Appeals For the Eighth Circuit
Sep 10, 2019
No. 18-3105 (8th Cir. Sep. 10, 2019)
Case details for

United States v. Brown

Case Details

Full title:United States of America Plaintiff - Appellee v. Daevone Rashad Brown…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Sep 10, 2019

Citations

No. 18-3105 (8th Cir. Sep. 10, 2019)