Opinion
22-2534
12-02-2022
United States of America Plaintiff - Appellee v. Demetrius Demarco Spencer Defendant-Appellant
UNPUBLISHED
Submitted: November 29, 2022
Appeal from United States District Court for the District of Minnesota
Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.
PER CURIAM
Demetrius Spencer appeals the sentence imposed by the district court after a jury convicted him of a firearm offense. Spencer's counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.
The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.
Upon careful review, we conclude the district court correctly calculated Spencer's United States Sentencing Guidelines Manual ("Guidelines") offense level, see United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing de novo construction and application of the Guidelines), as the district court's finding that the firearm was used in connection with another felony offense was supported by the trial evidence, see United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (noting district court's credibility determinations are virtually unreviewable on appeal).
We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment and grant counsel's motion to withdraw.