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United States v. David Feddersen, 03-1045 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 03-1045 Visitors: 136
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 David K. Feddersen, * * [UNPUBLISHED] Appellant.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
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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                                       *    [UNPUBLISHED]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.
                            ___________

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.
                      ______________________________




                                          -2-

Source:  CourtListener

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