United States v. Marquez Beasley

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 18, 2024
• Docket: 24-2237
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2237 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Marquez Beasley

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: November 13, 2024 Filed: November 18, 2024 [Unpublished] ____________

Before SMITH, ERICKSON, and KOBES, Circuit Judges. ____________

PER CURIAM.

Marquez Beasley appeals the within-Guidelines sentence the district court1 imposed after he pled guilty to possessing methamphetamine with the intent to

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. distribute. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). Upon careful review, we conclude 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), we find no non-frivolous issues for appeal. Accordingly, we affirm and grant counsel’s motion to withdraw. ______________________________

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