United States v. Archie Bob Jenkins

Eighth Circuit

United States v. Archie Bob Jenkins

221 F. App'x 505

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 17, 2007

Docket06-1211

StatusUnpublished

This text of 221 F. App'x 505 (United States v. Archie Bob Jenkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Archie Bob Jenkins, 221 F. App'x 505 (8th Cir. 2007).

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Opinion

PER CURIAM.

Archie Bob Jenkins (Jenkins) appeals the sentence the district court 1 imposed upon his guilty plea to possessing at least one firearm after having been convicted of multiple felonies, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). The court sentenced Jenkins to 180 months in prison and 3 years of supervised release. Jenkins’s counsel moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In his pro se supplemental brief, Jenkins argues enhancing his sentence based on prior convictions results in double punishment. Jenkins contends his “illegal incarceration” gives rise to a private cause of action against his warden, and on that basis he seeks an “equitable remedy” from this court.

We reject Jenkins’s argument, see United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause), and hold his request for an equitable remedy is frivolous. Having reviewed the record independently pursuant to Pen-son v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Thus, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.

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PER CURIAM.

Archie Bob Jenkins (Jenkins) appeals the sentence the district court 1 imposed upon his guilty plea to possessing at least one firearm after having been convicted of multiple felonies, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). The court sentenced Jenkins to 180 months in prison and 3 years of supervised release. Jenkins’s counsel moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In his pro se supplemental brief, Jenkins argues enhancing his sentence based on prior convictions results in double punishment. Jenkins contends his “illegal incarceration” gives rise to a private cause of action against his warden, and on that basis he seeks an “equitable remedy” from this court.

We reject Jenkins’s argument, see United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause), and hold his request for an equitable remedy is frivolous. Having reviewed the record independently pursuant to Pen-son v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Thus, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.

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221 F. App'x 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-archie-bob-jenkins-ca8-2007.

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