United States v. Demetrius Spencer

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2534 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Demetrius Demarco Spencer

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: November 29, 2022 Filed: December 2, 2022 [Unpublished] ____________

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

PER CURIAM.

Demetrius Spencer appeals the sentence imposed by the district court1 after a jury convicted him of a firearm offense. Spencer’s counsel has moved for leave to

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.

withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence.

Upon careful review, we conclude the district court correctly calculated Spencer’s United States Sentencing Guidelines Manual (“Guidelines”) offense level, see United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing de novo construction and application of the Guidelines), as the district court’s finding that the firearm was used in connection with another felony offense was supported by the trial evidence, see United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (noting district court’s credibility determinations are virtually unreviewable on appeal).

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 the judgment and grant counsel’s motion to withdraw. ______________________________

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