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United States v. Rebecca Miller, 13-1246 (2013)

Court: Court of Appeals for the Eighth Circuit Number: 13-1246 Visitors: 51
Filed: Sep. 25, 2013
Latest Update: Mar. 28, 2017
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-1246 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rebecca Miller lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Texarkana _ Submitted: September 19, 2013 Filed: September 25, 2013 [Unpublished] _ Before LOKEN, GRUENDER, and BENTON, Circuit Judges. _ PER CURIAM. After a jury found Rebecca Miller guilty of several drug charges, th
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 13-1246
                        ___________________________

                             United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                                   Rebecca Miller

                      lllllllllllllllllllll Defendant - Appellant
                                      ____________

                      Appeal from United States District Court
                 for the Western District of Arkansas - Texarkana
                                  ____________

                          Submitted: September 19, 2013
                            Filed: September 25, 2013
                                  [Unpublished]
                                  ____________

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.
                          ____________

PER CURIAM.

      After a jury found Rebecca Miller guilty of several drug charges, the district
     1
court sentenced her to 188 months in prison. On appeal, we affirmed the convictions

         1
       The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.
but remanded for resentencing. See United States v. Miller, 
698 F.3d 699
, 707-10
(8th Cir. 2012). On remand, the district court imposed a sentence of 120 months in
prison. Miller appeals, and in a brief filed under Anders v. California, 
386 U.S. 738
(1967), counsel argues that the court abused its discretion in imposing the sentence.2
Miller has not filed a pro se brief.

       After careful review, we affirm the sentence, because the district court
complied with our decision, see United States v. Kendall, 
475 F.3d 961
, 963-64 (8th
Cir. 2007), and imposed a sentence that was stipulated to by both parties and that is
not unreasonable, see United States v. Feemster, 
572 F.3d 455
, 461 (8th Cir. 2009)
(en banc). Further, we have reviewed the record independently under Penson v. Ohio,
488 U.S. 75
 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
grant counsel’s motion to withdraw, and we affirm.
                       ______________________________




      2
        We decline to consider counsel’s argument that the district court also abused
its discretion in failing to grant safety-valve relief. See United States v. Kress, 
58 F.3d 370
, 373 (8th Cir. 1995) (where party could have raised issue in prior appeal but
did not, court later hearing same case need not consider matter).


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Source:  CourtListener

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