U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. LaRhonda Jenkins

United States v. LaRhonda Jenkins
U.S. Court of Appeals for the Eighth Circuit · Decided November 2, 2023

United States v. LaRhonda Jenkins

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2702 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. LaRhonda Dawnielle Jenkins, also known as LaRonda Jenkins lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa ____________ Submitted: October 23, 2023 Filed: November 2, 2023 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM.

LaRhonda Jenkins appeals the sentence the district court1 imposed after she pled guilty to perjury. Her counsel has moved to withdraw and has filed a brief under The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

After careful review, we conclude the district court did not abuse its discretion in sentencing Jenkins. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); see also United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting when a district court has varied below Guidelines range, it is “nearly inconceivable” that it abused its discretion in not varying downward further). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw and affirm. ______________________________

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