United States v. Dustin Dimmick

637 F. App'x 966

Opinion

PER CURIAM.

Dustin Allen Dimmiek directly appeals the sentence imposed by the district court 1 after he pleaded guilty to being a felon in possession of firearms. 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 Dimmiek was incompetent to plead guilty because he was not provided access -to a law library. We conclude that access to legal materials was not required because Dimmiek was represented by counsel. Cf. Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977) (inmate must have access either to adequate law library or to persons trained in law); Bear v. Kautzky, 305 F.3d 802, 806 (8th Cir.2002) (there is no one prescribed method of ensuring inmate access to courts). We have reviewed the .record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we find no nonfrivolous issues for appeal.

Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw.

1 . The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.