United States v. Tyrae McDonald ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-1515
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Tyrae Ronzell McDonald
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa
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Submitted: October 15, 2024
Filed: October 18, 2024
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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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.
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