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United States v. Desmond Williams, 18-1868 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-1868 Visitors: 14
Filed: Apr. 23, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1868 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Desmond Williams lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: April 16, 2019 Filed: April 23, 2019 [Unpublished] _ Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges. _ PER CURIAM. Desmond Williams directly appeals the sentence the district court1 imposed after
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 18-1868
                        ___________________________

                             United States of America

                        lllllllllllllllllllllPlaintiff - Appellee

                                           v.

                                 Desmond Williams

                       lllllllllllllllllllllDefendant - Appellant
                                       ____________

                    Appeal from United States District Court
                   for the Northern District of Iowa - Dubuque
                                  ____________

                             Submitted: April 16, 2019
                               Filed: April 23, 2019
                                   [Unpublished]
                                  ____________

Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges.
                         ____________

PER CURIAM.

       Desmond Williams directly appeals the sentence the district court1 imposed
after he pleaded guilty to a drug offense. His counsel has moved to withdraw and has

      1
       The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
filed a brief under Anders v. California, 
386 U.S. 738
(1967), arguing that Williams
should not have been sentenced as a career offender. Williams has filed a pro se brief
also challenging the career-offender enhancement.

      Because the record reflects that Williams had qualifying predicate convictions
for a Wisconsin drug offense and an Iowa domestic abuse assault by strangulation,
we conclude the district court properly sentenced him as a career offender. See
U.S.S.G. § 4B1.1(a) (defining career offender); United States v. Bearden, 
780 F.3d 887
, 895 (8th Cir. 2015) (de novo review); see also United States v. Harper, 756 Fed.
Appx. 656 (7th Cir. 2019) (unpublished order) (concluding it would be frivolous to
argue conviction for delivering cocaine under Wis. Stat. § 961.41(1)(cm) did not
qualify as controlled substance offense); United States v. Parrow, 
844 F.3d 801
, 803
(8th Cir. 2016) (Iowa conviction for domestic abuse-strangulation under Iowa Code
§ 708.2A is crime of violence). Further, the district court made clear it would have
imposed the same sentence regardless of whether Williams was a career offender.
See United States v. Davis, 
583 F.3d 1081
, 1095 (8th Cir. 2009) (where district court
explicitly stated it would have imposed same sentence regardless of whether
defendant was career offender, any error in imposing career-offender enhancement
would be harmless).

      Having independently reviewed the record under Penson v. Ohio, 
488 U.S. 75
(1988), we have found no non-frivolous issues for appeal. Accordingly, we grant
counsel’s motion to withdraw and affirm.
                      ______________________________




                                         -2-

Source:  CourtListener

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