Filed: Sep. 30, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1045 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. David K. Feddersen, * * [UNPUBLISHED] Appellant. * _ Submitted: September 25, 2003 Filed: September 30, 2003 _ Before RILEY, HANSEN, and SMITH, Circuit Judges. _ PER CURIAM. David K. Feddersen challenges the sentence the district court1 imposed after he entered a plea under North Carolina v. Alford
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1045 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. David K. Feddersen, * * [UNPUBLISHED] Appellant. * _ Submitted: September 25, 2003 Filed: September 30, 2003 _ Before RILEY, HANSEN, and SMITH, Circuit Judges. _ PER CURIAM. David K. Feddersen challenges the sentence the district court1 imposed after he entered a plea under North Carolina v. Alford,..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-1045
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
David K. Feddersen, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: September 25, 2003
Filed: September 30, 2003
___________
Before RILEY, HANSEN, and SMITH, Circuit Judges.
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PER CURIAM.
David K. Feddersen challenges the sentence the district court1 imposed after
he entered a plea under North Carolina v. Alford,
400 U.S. 25, 37 (1970), to
threatening to use anthrax to assault or kill federal employees, in violation of 18
U.S.C. § 115(a)(1)(B). At sentencing, the district court denied Feddersen an
acceptance-of-responsibility reduction and sentenced him to 36 months imprisonment
to be followed by one year supervised release.
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
On appeal, counsel has filed a brief under Anders v. California,
386 U.S. 738
(1967), arguing that the district court erred in denying an acceptance-of-responsibility
reduction, given that the shortcomings in Feddersen’s guilty plea “reasonably
appeared to be a product of [his] mental illness.” After careful review of the record,
we find that the district court did not clearly err in denying the acceptance-of-
responsibility reduction. See United States v. Arellano,
291 F.3d 1032, 1034 (8th Cir.
2002) (standard of review).
Upon reviewing the record independently under Penson v. Ohio,
488 U.S. 75
(1988), we have found no non-frivolous issues. Accordingly, we affirm. We also
grant counsel’s motion to withdraw.
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