United States v. Debra Goodman , 672 F. App'x 613 ( 2016 )


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  •                 United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 16-3135
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Debra Lynn Goodman, also known as Debra Lynn Smith, also known as Debrah
    Lynne Smith, also known as Debra Lynn Holland, also known as Isabell Kesari
    Gervais, also known as Isabell Kesari Scott
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Western District of Arkansas - Fayetteville
    ____________
    Submitted: December 21, 2016
    Filed: December 28, 2016
    [Unpublished]
    ____________
    Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
    ____________
    PER CURIAM.
    Debra Goodman appeals after she pleaded guilty to a passport-related offense
    and the district court1 imposed a sentence including a within-Guidelines-range prison
    term and a fine. Her counsel has moved for leave to withdraw and filed a brief under
    Anders v. California, 
    386 U.S. 738
    (1967), asserting that the district court plainly
    erred in imposing the fine, due to Goodman’s inability to pay. Goodman has filed a
    pro se brief challenging the fine, asserting procedural errors in the Guidelines
    calculations, and arguing that she should have been sentenced to probation. She also
    has filed a motion essentially seeking appointment of new counsel.
    Upon careful review, we conclude that there is no basis on which to set aside
    any aspect of Goodman’s sentence. See United States v. Callaway, 
    762 F.3d 754
    ,
    759-60 (8th Cir. 2014) (within-Guidelines-range prison term may be presumed
    reasonable); United States v. Allmon, 
    500 F.3d 800
    , 807-08 (8th Cir. 2007)
    (discussing review of fines). Furthermore, we have independently reviewed the
    record under Penson v. Ohio, 
    488 U.S. 75
    (1988), and have found no non-frivolous
    issues for appeal. Accordingly, we deny Goodman’s motion, grant counsel’s motion
    to withdraw, and affirm the judgment.
    ______________________________
    1
    The Honorable Timothy L. Brooks, United States District Judge for the
    Western District of Arkansas.
    -2-
    

Document Info

Docket Number: 16-3135

Citation Numbers: 672 F. App'x 613

Judges: Shepherd, Arnold, Kelly

Filed Date: 12/28/2016

Precedential Status: Non-Precedential

Modified Date: 11/6/2024