United States v. Jerome Hughes

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 4, 2025
• Docket: 24-3452
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-3452 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jerome Hughes

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: May 30, 2025 Filed: June 4, 2025 [Unpublished] ____________

Before LOKEN, SHEPHERD, and KELLY, Circuit Judges. ____________

PER CURIAM.

Jerome Hughes appeals the sentence imposed by the district court1 after he pleaded guilty to drug and firearm offenses. His counsel has moved for leave to

1 The Honorable Matthew T. Schelp, United States District Judge for the Eastern District of Missouri. withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging a sentencing enhancement for maintaining a drug premises.

Upon careful review, we conclude that the district court correctly calculated Hughes’s offense level, as the record supported the premises enhancement. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (construction and application of Guidelines are reviewed de novo; factual findings are reviewed for clear error); United States v. Armstrong, 60 F.4th 1151, 1169 (8th Cir. 2023) (premises enhancement applies to a defendant who knowingly maintains a premises for the purpose of manufacturing or distributing a controlled substance, including storage of a controlled substance for the purpose of distribution; although drug manufacturing or distribution must be among the primary or principal uses for the premises, they need not be the sole purposes for which the premises was maintained).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and grant counsel’s motion to withdraw. ______________________________

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