United States v. Hakeem Davis

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 15, 2024
• Docket: 24-2355
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2355 ___________________________

United States of America

Plaintiff - Appellee

v.

Hakeem Lawon Davis

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: October 9, 2024 Filed: October 15, 2024 [Unpublished] ____________

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

PER CURIAM.

Hakeem Davis appeals the sentence the district court 1 imposed after he pled guilty to a firearms offense. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable Kristine G. Baker, Chief Judge, United States District Court for the Eastern District of Arkansas. Counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), and a motion for leave to withdraw. This court concludes that the plea was knowing and voluntary and that the district court did not impose a substantively unreasonable sentence. See United States v. Smith, 422 F.3d 715, 724 (8th Cir. 2005) (de novo review); United States v. Andis, 333 F.3d 886, 890-91 (8th Cir. 2003) (en banc) (district court can ensure plea agreement is knowing and voluntary by questioning defendant about decision to enter into agreement); United States v. Miner, 544 F.3d 930, 932 (8th Cir. 2008) (appellate court may presume sentence within properly calculated guidelines range is reasonable).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), this court finds no non-frivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________

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