United States v. Heather Simmons

U.S. Court of Appeals for the Eighth Circuit

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Submitted: October 6, 2021 Filed: October 14, 2021 [Unpublished] ____________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Unpublished