United States v. Stacker

U.S. Court of Appeals for the Eighth Circuit
United States v. Stacker, 556 F. App'x 555 (8th Cir. 2014)

United States v. Stacker

Opinion of the Court

PER CURIAM.

Brenda Ann Stacker pleaded guilty to a fraud offense, and was sentenced by the district court1 to 4 years of probation. On appeal, counsel for Stacker seeks 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 court *556abused its discretion by failing to convert Stacker’s felony conviction into a misdemeanor. We reject this argument as legally unfounded. 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 non-frivolous issues. Therefore, we grant counsel’s motion to withdraw, subject to his informing Stacker about procedures for seeking rehearing or filing a petition for certiorari. The judgment is affirmed.

. The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.

Reference

Full Case Name
United States v. Brenda Ann STACKER
Status
Published