United States v. Paul Allensworth

411 F. App'x 935

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 7, 2011
• Docket: 10-2723
• Status: Unpublished

Opinion

PER CURIAM.

Paul Tracy Allensworth appeals the district court’s 1 judgment entered upon a jury verdict finding him guilty of possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Allensworth to 132 months in prison and 5 years of supervised release. 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), arguing that the district court abused its discretion in denying Allensworth’s motion for a mistrial based on improper questions by the prosecutor during cross examination of Allensworth.

We conclude that the district court did not abuse its discretion in denying the motion for a mistrial. See United States v. Swift, 623 F.3d 618, 623 (8th Cir.2010); United States v. Weaver, 554 F.3d 718, 723-24 (8th Cir.2009); United States v. Boesen, 541 F.3d 838, 847 (8th Cir.2008). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue. Accordingly, we grant counsel’s motion to withdraw, and we affirm the district court’s judgment.

1 . The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.