United States v. Timothy Reed ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-3436
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Timothy S. Reed
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: January 14, 2019
Filed: January 25, 2019
[Unpublished]
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Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Timothy Reed directly appeals the sentence the district court1 imposed after he
pleaded guilty to a firearm offense. His counsel has moved to withdraw, and in a
1
The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.
supplemental brief submitted pursuant to Anders v. California, 386 U.S. 738 (1967),
suggests that the district court improperly applied U.S.S.G. § 2K2.1(b)(6)(B) to
calculate Reed’s advisory Guidelines range. We conclude that the district court did
not rely on any clearly erroneous facts when it determined that Reed possessed the
firearm in connection with another felony offense, and that the court’s application of
section 2K2.1(b)(6)(B) was therefore proper. See United States v. Brooks, 648 F.3d
626, 629 (8th Cir. 2011) (per curiam) (providing standard of review). Having
independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to
withdraw and affirm the judgment of the district court.
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