United States v. Selica Fender

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2415 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Selica Jane Fender

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of North Dakota - Fargo ____________

Submitted: April 1, 2019 Filed: April 23, 2019 [Unpublished] ____________

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

PER CURIAM.

Selica Fender appeals from the sentence the District Court1 imposed after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

Counsel argues that the District Court erred in denying safety-valve relief under 18 U.S.C. § 3553(f). We reject this argument because we conclude that Fender failed to establish that she qualified for the relief sought. See United States v. Guerra-Cabrera, 477 F.3d 1021, 1025 (8th Cir. 2007) (stating that defendants must establish that they qualify for safety-valve relief).

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

1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, sitting by designation.

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