Filed: Oct. 26, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4073 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Christopher Montreal Heffner lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: October 18, 2017 Filed: October 26, 2017 [Unpublished] _ Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges. _ PER CURIAM. Christopher Montreal Heffner directly appeals after he pleaded
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4073 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Christopher Montreal Heffner lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: October 18, 2017 Filed: October 26, 2017 [Unpublished] _ Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges. _ PER CURIAM. Christopher Montreal Heffner directly appeals after he pleaded ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4073
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Christopher Montreal Heffner
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Waterloo
____________
Submitted: October 18, 2017
Filed: October 26, 2017
[Unpublished]
____________
Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Christopher Montreal Heffner directly appeals after he pleaded guilty to being
a felon in possession of a firearm, and the district court1 sentenced him within the
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
calculated Guidelines range. His counsel has moved for leave to withdraw, and has
filed a brief under Anders v. California,
386 U.S. 738 (1967), arguing that the district
court erroneously applied an enhancement under U.S.S.G. § 2K2.1(b)(6)(B), and
imposed a substantively unreasonable sentence.
We conclude that Heffner’s arguments challenging the section 2K2.1(b)(6)(B)
enhancement are foreclosed by this court’s precedents. See, e.g., United States v.
Walker,
771 F.3d 449, 452-53 (8th Cir. 2014). We further conclude that Heffner’s
within-Guidelines-range sentence is not substantively unreasonable. See United
States v. Feemster,
572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing
appellate review of sentencing decisions; if sentence is within Guidelines range,
appellate court may, but is not required to, apply presumption of reasonableness).
Having independently reviewed the record under Penson v. Ohio,
488 U.S. 75
(1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the
judgment, and we grant counsel’s motion to withdraw.
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