United States v. Desire Sepeda

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 30, 2019
• Docket: 19-1032
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1032 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Desire Ann Sepeda, also known as Desire Anna Sepeda

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: October 25, 2019 Filed: October 30, 2019 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Desire Sepeda appeals the sentence the district court1 imposed after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and has filed

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred in denying a mitigating-role reduction.

After careful review, we conclude that the district court did not clearly err in declining to apply a mitigating-role reduction. See United States v. Hunt, 840 F.3d 554, 557 (8th Cir. 2016) (standard of review). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm. ______________________________

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