United States v. Gregory Donner ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-3397
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gregory W. Donner
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: December 13, 2018
Filed: December 18, 2018
[Unpublished]
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Before LOKEN, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.
Gregory Donner directly appeals the sentence the district court1 imposed after
he pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed
1
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.
a brief under Anders v. California, 386 U.S. 738 (1967). Donner has not filed a pro
se brief.
While Donner challenges a sentencing enhancement the district court imposed
for maintaining a manufacturing or distribution premises, he waived his challenge to
the enhancement when he withdrew his objection to it in the district court. See
United States v. Stoney End of Horn, 829 F.3d 681, 687-88 (8th Cir. 2016). Donner
also argues that the drug quantity calculation was erroneous because the entire weight
of liquid LSD was used in calculating the LSD quantity, rather than extracting the
drug from its carrier. We conclude that any such error in calculating the drug
quantity is harmless because it did not change the base offense level imposed and had
no effect on Donner’s sentence. See Fed. R. Crim. P. 52(a) (harmless-error rule);
United States v. Phillippi, 911 F.2d 149, 151 (8th Cir. 1990). Having independently
reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no
nonfrivolous issues for appeal.
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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