United States v. Terry Douglas, III

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 8, 2021
• Docket: 21-1985
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1985 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Terry Lee Douglas, III

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: November 3, 2021 Filed: November 8, 2021 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges. ____________

PER CURIAM.

Terry Douglas appeals the sentenced imposed by district court1 after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and has filed

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred in applying a sentencing enhancement for his role in the offense.

Upon careful review, we conclude that the district court properly found that the role enhancement was applicable to Douglas. See United States v. Maupin, 3 F.4th 1009, 1016 (8th Cir. 2021) (terms “manager” and “supervisor” are construed broadly; defendant may be subject to this enhancement even if he managed or supervised only one other participant and even if management was limited to a single transaction); United States v. Denson, 967 F.3d 699, 708 (8th Cir. 2020) (noting that this court has upheld 3-level enhancement where defendant’s sister delivered drugs to buyers who placed orders with defendant).

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

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