United States v. David Bolinger

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 23-3043

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

David Roy Bolinger

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court for the Southern District of Iowa - Eastern

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Submitted: October 1, 2024 Filed: October 4, 2024

[Unpublished]

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Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.

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PER CURIAM.

David Bolinger appeals after he pleaded guilty to conspiracy to distribute at least 50 grams of methamphetamine, and the district court1 sentenced him to the

1 The Honorable Stephen H. Locher, United States District Judge for the Southern District of Iowa.

statutory minimum of 120 months in prison. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

Bolinger’s challenge to his sentence is unavailing, as he received the statutory minimum sentence. See 21 U.S.C. § 841(b)(1)(A)(viii) (providing for a 10-year mandatory minimum for an offense involving at least 50 grams of methamphetamine). The district court had no discretion to impose a lower sentence in the absence of eligibility for safety-valve relief under 18 U.S.C. § 3553(f), or the government filing a motion under 18 U.S.C. § 3553(e). See United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003).

We have independently reviewed the record under Penson v. Ohio, 488 U.S.

75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we affirm, and we grant counsel leave to withdraw.

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