United States v. Tyrae McDonald

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 18, 2024
• Docket: 24-1515
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1515 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Tyrae Ronzell McDonald

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: October 15, 2024 Filed: October 18, 2024 [Unpublished] ____________

Before GRUENDER, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Tyrae McDonald appeals the sentence the district court1 imposed after he pled guilty to a firearm charge. His counsel has moved for leave to withdraw and has filed

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. a brief under Anders v. California, 386 U.S. 738 (1967), challenging an enhancement included in the calculation of the imprisonment range under the United States Sentencing Guidelines Manual.

Upon careful review, we conclude the district court did not err by imposing the enhancement based on grand jury testimony admitted at sentencing. See United States v. Still, 6 F.4th 812, 817-19 (8th Cir. 2021) (noting consideration of grand jury testimony at sentencing has been “repeatedly upheld” given its indicia of reliability); United States v. Asalati, 615 F.3d 1001, 1006 (8th Cir. 2010) (noting “credibility findings are ‘virtually unreviewable on appeal’”).

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

-2-