Opinion
21-1703
11-05-2021
United States of America Plaintiff - Appellee v. Kristopher Barnard Mitchell, also known as Christopher Mitchell Defendant-Appellant
Unpublished
Submitted: November 2, 2021
Appeal from United States District Court for the Eastern District of Arkansas - Central
Before BENTON, KELLY, and GRASZ, Circuit Judges.
PER CURIAM.
Kristopher Mitchell appeals the sentence the district court imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.
Mitchell questions whether the district court properly imposed a 4-level enhancement for possessing the firearm in connection with another felony offense. Mitchell did not raise this challenge below, however, and we conclude that the district court did not plainly err in applying the enhancement. See United States v. Webster, 820 F.3d 944, 945 (8th Cir. 2016) (per curiam) (standard of review); see also U.S.S.G. § 2K2.1(b)(6)(B) (increase by 4 levels if defendant used or possessed firearm in connection with another felony offense) & cmt. n.14(C) (defining "another felony offense").
Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw and affirm.
We remind counsel, however, that Anders briefing must be done as an advocate for the appellant, and the brief must refer to anything in the record that might arguably support the appeal. See Penson, 488 U.S. at 80 (Anders brief must refer to anything in record that might arguably support appeal); Evans v. Clarke, 868 F.2d 267, 268 (8th Cir. 1989) (Anders briefing must be done as advocate).