United States v. Benjamin Henderson, No. 15-1010 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam. Before Gruender, Benton, and Kelly, Circuit Judges] Criminal Case - Anders. District court did not err by applying sentencing enhancement under U.S.S.G. sec. 3A1.2(c)(1). No other nonfrivolous issues are found.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1010 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Benjamin J. Henderson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 17, 2015 Filed: November 20, 2015 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Benjamin Henderson directly appeals after he pled guilty to being a felon in possession of a firearm and the district court1 sentenced him to 30 months in prison. 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred by applying a sentencing enhancement under U.S.S.G. § 3A1.2(c)(1). Henderson has filed a motion in which he seeks dismissal of this criminal case based upon a variety of legal theories and claims, including ineffective assistance of counsel. Upon careful review, we conclude that counsel’s argument lacks merit. See United States v. Olson, 646 F.3d 569, 572-74 & n.3 (8th Cir. 2011) (setting forth standards of review and discussing applicability of § 3A1.2(c)(1) enhancement). Furthermore, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. We also deny Henderson’s motion.2 ______________________________ 2 We note that Henderson may pursue his ineffective-assistance claim in collateral proceedings. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006). -2-
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