United States v. Timothy Griess

U.S. Court of Appeals for the Eighth Circuit
United States v. Timothy Griess, 415 F. App'x 748 (8th Cir. 2011)

United States v. Timothy Griess

Opinion

*749 PER CURIAM.

Timothy Griess pleaded guilty to conspiring to distribute 500 grams or more of a methamphetamine mixture, in violation of 21 U.S.C. § 846, and subject to sentencing under 21 U.S.C. § 841(b)(1). The district court 1 sentenced him to the statutory minimum of 120 months in prison and 5 years of supervised release. Griess appeals. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he seeks to withdraw and argues that the sentence was greater than necessary to accomplish the statutory sentencing goals.

Counsel’s challenge to the sentence is unavailing. The record reflects that Griess understood the statutory minimum penalties when he entered his guilty plea. The district court had no discretion to impose a sentence below the statutory minimum where there was neither a departure motion by the government nor eligibility for safety-valve relief. See United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue. Accordingly, we affirm the judgment, and we allow counsel to withdraw.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Timothy J. GRIESS, Also Known as Towtruck, Also Known as TJ, Appellant
Status
Unpublished