United States v. Christopher Heffner

U.S. Court of Appeals for the Eighth Circuit
United States v. Christopher Heffner, 699 F. App'x 584 (8th Cir. 2017)
Loken, Murphy, Per Curiam, Shepherd

United States v. Christopher Heffner

Opinion

PER CURIAM.

Christopher Montreal Heffner directly appeals after he pleaded guilty to being a felon in possession of a firearm, and the district court 1 sentenced him within the calculated Guidelines range. His counsel has moved for leave 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 erroneously applied an enhancement under U.S.S.G. § 2K2.1(b)(6)(B), and imposed a substantively unreasonable sentence.

We conclude that Heffner’s arguments challenging the section 2K2.1(b)(6)(B) enhancement are foreclosed by this court’s precedents. See, e.g., United States v. Walker, 771 F.3d 449, 452-53 (8th Cir. 2014). We further conclude that Heffner’s within-Guidelines-range sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions; if sentence is within Guidelines range, appellate court may, but is not required to, apply presumption of reasonableness).

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

1

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

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Christopher Montreal HEFFNER Defendant-Appellant
Status
Unpublished