United States v. Benjamin Henderson

622 F. App'x 598

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 20, 2015
• Docket: 15-1010
• Status: Unpublished

Opinion

PER CURIAM.

Benjamin Henderson directly appeals after he pled guilty to being a felon in possession of a firearm and the district court 1 sentenced him to 30 months in pris on. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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)(l) enhancement). Furthermore, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. We also deny Henderson’s motion. 2

1 . The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.

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).