United States v. Gerald Jones ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-3284
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gerald A. Jones
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: July 19, 2019
Filed: July 24, 2019
[Unpublished]
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Before COLLOTON, WOLLMAN, and ERICKSON, Circuit Judges.
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PER CURIAM.
Gerald A. Jones directly appeals the sentence the district court1 imposed after
he pleaded guilty to conspiring to distribute heroin, pursuant to a written plea
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
agreement. Counsel seeks permission to withdraw, and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), asserting that Jones’s due process rights were
violated at sentencing.
After careful review of the record, we conclude that the due process argument
fails on the merits. Specifically, the district court properly relied on testimony and
evidence presented at sentencing in resolving disputed portions of the PSR. See
United States v. Kozohorsky, 708 F.3d 1028, 1033 (8th Cir. 2013) (per curiam);
United States v. Pratt, 553 F.3d 1165, 1170-71 (8th Cir. 2009).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion, and affirm.
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