United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-1113
                                   ___________

United States of America,                *
                                         *
            Appellee,                    *
                                         *   Appeal from the United States
      v.                                 *   District Court for the Northern
                                         *   District of Iowa.
Jeremiah J. Kerby,                       *
                                         *          [UNPUBLISHED]
            Appellant.                   *

                                   ___________

                         Submitted: May 6, 2002

                              Filed: May 16, 2002
                                   ___________

Before MORRIS SHEPPARD ARNOLD, MURPHY, and BYE, Circuit Judges.
                         ___________

PER CURIAM.

       Jeremiah J. Kerby pleaded guilty to armed bank robbery, in violation of
18 U.S.C. § 2113(a) and (d), and to using and carrying a firearm during and in
relation to the bank robbery, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). At
sentencing, the district court1 imposed an obstruction-of-justice increase and, over
Mr. Kerby’s objection, denied him an acceptance-of-responsibility reduction under


      1
      The Honorable Donald E. O’Brien, United States District Judge for the
Northern District of Iowa.
U.S.S.G. § 3E1.1. The court sentenced him to 151 months imprisonment for the
robbery, a consecutive term of 84 months imprisonment for the gun conviction, and
concurrent supervised release terms (5 and 3 years respectively). The court also
ordered Kerby to pay $46,012.50 in restitution. On appeal, counsel has filed a brief
and moved to withdraw under Anders v. California, 

(1967), challenging
the denial of the section 3E1.1 reduction.

       The district court did not clearly err. See United States v. Ervasti, 

, 1043 (8th Cir. 2000). Two witnesses testified that Mr. Kerby threatened to
harm, or solicited others to harm, a codefendant who had cooperated with the
government. Further, Mr. Kerby stipulated that he had obstructed justice during the
investigation of his case by destroying evidence. See U.S.S.G. § 3E1.1, comment.
(n.4) (conduct supporting obstruction enhancement ordinarily indicates defendant
should not receive § 3E1.1 reduction); United States v. Honken, 

,
967-69 (8th Cir.) (district court should consider totality of circumstances), cert.
denied, 

(1999). Mr. Kerby carried the burden of establishing his
entitlement to the reduction, see 

, and “the determination of
the sentencing judge is entitled to great deference on review,” because “[t]he
sentencing judge is in a unique position to evaluate a defendant’s acceptance of
responsibility,” see U.S.S.G. § 3E1.1, comment. (n.5).

      Having reviewed the record pursuant to Penson v. Ohio, 

(1988),
we find no nonfrivolous issues for appeal. Accordingly, we affirm and grant
counsel’s motion to withdraw.

      A true copy.

             Attest:

                  CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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