United States v. Rodderick Goins

701 F. App'x 540

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 15, 2017
• Docket: 17-2129
• Status: Unpublished

Opinion

PER CURIAM.

Rodderick Goins directly appeals the within-guidelines sentence the district court 1 imposed after he pled guilty to a firearms offense. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning the reasonableness of Goins’s sentence. Counsel has also moved for leave to withdraw.

Upon careful review, 2 we conclude that the district court did not impose an unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing the sentence under a deferential abuse-of-discretion standard and noting that if the sentence is within the guidelines range, the appellate court may, but is not required to, apply a presumption of reasonableness). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.

1 . The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

2 . Goins pled guilty pursuant to a plea agreement that contained an appeal waiver, but we decline to enforce the appeal waiver. See United States v. Boneshirt, 662 F.3d 509, 515-16 (8th Cir. 2011).