United States v. Heather Simmons
United States v. Heather Simmons
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 21-1701 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Heather Valentine Simmons
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Southern District of Iowa - Eastern ____________
Submitted: October 6, 2021 Filed: October 14, 2021 [Unpublished] ____________
Before ERICKSON, GRASZ, and STRAS, Circuit Judges. ____________
PER CURIAM.
Heather Simmons appeals the sentence the district court1 imposed after she pled guilty to a drug offense. Her counsel has moved to withdraw and has filed a
1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Simmons has also filed a pro se motion seeking appointment of new counsel.
After careful review, we conclude the district court did not abuse its discretion in sentencing Simmons. See United States v. Brown, 992 F.3d 665, 673 (8th Cir. 2021) (standard of review). We have also considered the issues raised in Simmons’s pro se motion and conclude appointment of new counsel is not warranted. Furthermore, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we deny Simmons’s pro se motion, grant counsel leave to withdraw, and affirm. ______________________________
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Reference
- Status
- Unpublished