United States v. Corey Benjamin

U.S. Court of Appeals for the Eighth Circuit
United States v. Corey Benjamin, 498 F. App'x 664 (8th Cir. 2013)

United States v. Corey Benjamin

Opinion

PER CURIAM.

Corey Benjamin appeals after he pled guilty to a firearm offense, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e), and the district court 1 sentenced him to fifteen years in prison, the statutory minimum. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), requesting leave to withdraw.

Benjamin’s own admissions at his change-of-plea hearing established that he had violated 18 U.S.C. § 922(g)(1), and that he had at least three previous convictions for separate offenses within the terms of 18 U.S.C. § 924(e). Thus, after carefully and independently reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude that there are no non-frivolous issues for review. See 18 U.S.C. § 924(e) (person who violates § 922(g)(1) and has three previous convictions for violent felony or serious drug offense, or both, committed on different occasions from one another, shall be imprisoned not less than 15 years); United States v. Watts, 553 F.3d 603, 604 (8th Cir. 2009) (per curiam) (“District courts lack the authority to reduce sentences below congres-sionally-mandated statutory mínimums.”) (citation omitted).

*665 Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Corey James BENJAMIN, Defendant-Appellant
Status
Unpublished