United States v. David Koebele

U.S. Court of Appeals for the Eighth Circuit
United States v. David Koebele, 366 F. App'x 693 (8th Cir. 2010)
Bye, Per Curiam, Riley, Shepherd

United States v. David Koebele

Opinion

PER CURIAM.

In this direct criminal appeal, David Koebele challenges the sentence the district court 1 imposed after he pleaded guilty to an attempted sex offense, in violation of 18 U.S.C. § 2422(b). Counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court committed plain error in imposing an excessive term of supervised release.

We hold that the district court did not commit plain error in sentencing Koebele to a 25-year term of supervised release, which is well within the statutory limit of life. See 18 U.S.C. § 3583(k); United States v. Ristine, 335 F.3d 692, 694 (8th Cir. 2003) (when defendant fails to raise timely objection to term of supervised release, review is for plain error). Further, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we affirm the district court’s judgment and we grant counsel leave to withdraw.

1

. The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. David Lee KOEBELE, Appellant
Status
Unpublished