United States v. Jordan Minette

356 F. App'x 908

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 17, 2009
• Docket: 08-3745
• Status: Unpublished

Opinion

PER CURIAM.

After the district court 1 denied his motion to suppress, Jordan E. Minette conditionally pleaded guilty to transporting child pornography in interstate commerce, in violation of 18 U.S.C. § 2252; he re served the right to appeal the denial of the suppression motion. The court sentenced Minette to 108 months in prison and 20 years of supervised release, and imposed a $15,000 fine. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel argues that the district court erred in denying the suppression motion, but we conclude that the court’s factual findings were not clearly erroneous, and its legal conclusion was correct. See United States v. Stevens, 530 F.3d 714, 717 (8th Cir.) (standard of review), cert. denied, — U.S. -, 129 S.Ct. 654, 172 L.Ed.2d 631 (2008).

We have carefully reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we have found no nonfrivolous issues. Accordingly, we affirm. We grant counsel’s motion to withdraw.

1 . The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Westem District of Arkansas, adopting the report and recommendations of the Llonorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas.