United States v. David Schaer

United States Court of Appeals
For the Eighth Circuit
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No. 14-3168
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Charles Schaer
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: May 26, 2015
Filed: June 1, 2015
[Unpublished]
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Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
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PER CURIAM.
A jury found David Charles Schaer guilty of conspiring to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846. The
district court1 sentenced him to 110 months in prison, followed by 5 years of
supervised release. Counsel has filed a brief under Anders v. California, 386 U.S. 738
(1967), raising several issues, which Schaer repeats in a pro se supplemental brief.
Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
This court rejects each of the arguments raised, because (1) the evidence was
sufficient to sustain Schaer’s conviction, see United States v. Ortega, 750 F.3d 1020,
1023-24 (8th Cir. 2014); (2) the district court did not abuse its discretion in overruling
Schaer’s objection to the admission of evidence, see United States v. Augustine, 663
F.3d 367, 372 (8th Cir. 2011); (3) the parties stipulated to Schaer’s base offense level,
and therefore this court will not review the issue of drug quantity, see United States
v. Olano, 507 U.S. 725, 733 (1993); (4) the district court did not plainly err in failing
to apply, sua sponte, a mitigating-role reduction, see United States v. Marquez, 605
F.3d 604, 611 (8th Cir. 2010); and (5) nothing in the record suggests that the 110-
month prison sentence, at the bottom of the Guidelines range, was unreasonable, see
United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). An
independent review under Penson v. Ohio, 488 U.S. 75 (1988), reveals no
nonfrivolous issues.
The judgment is affirmed.
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1
The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
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