United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2426 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Dmarquise Leuntaye Magsby,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: December 1, 2021 Filed: December 6, 2021 [Unpublished] ____________

Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Dmarquise Magsby appeals the sentence imposed by the district court1 after he pleaded guilty to a firearm offense. His counsel has moved to withdraw and filed a

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. brief under Anders v. California, 386 U.S. 738 (1967). The brief argues that the district court erred in applying a four-level enhancement to Magsby’s base offense level under USSG § 2K2.1(b)(6)(b) based on its finding that Magsby possessed a firearm in connection with another offense, namely, possession of ecstasy with intent to deliver, in violation of Iowa Code § 124.401(1). We conclude that the district court did not err in applying the enhancement; the court’s finding that Magsby had the intent to deliver was supported by the evidence. See USSG § 2K2.1(b)(6)(B); State v. Adams, 554 N.W.2d 686, 691-92 (Iowa 1996).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm, and we grant counsel’s motion to withdraw. ______________________________

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