United States v. Daevone Brown

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 10, 2019
• Docket: 18-3105
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3105 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Daevone Rashad Brown

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________

Submitted: September 5, 2019 Filed: September 10, 2019 [Unpublished] ____________

Before LOKEN, COLLOTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Daevone Brown appeals after he pled guilty to a felon-in-possession charge, and the district court1 sentenced him to a prison term below the calculated United

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. States Sentencing Guidelines Manual (“Guidelines”) range. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting the district court erred in applying an enhancement under U.S.S.G. § 2K2.1(b)(6)(B), based on Brown’s possession of a firearm in connection with another offense, namely, carrying weapons in violation of Iowa Code § 724.4(1).

We conclude the district court properly applied the enhancement under § 2K2.1(b)(6)(B). See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing application of Guidelines de novo, and findings of fact for clear error); United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014) (affirming application of enhancement under § 2K2.1(b)(6)(B) to felon in possession of firearm, who possessed firearm in connection with violation of § 724.4(1)). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________

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