United States v. Corey Benjamin


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED); Granting [3928120-2] motion to withdraw as counsel filed by Mr. Gary R. Wolf. [4005448] [12-2164]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2164 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Corey James Benjamin lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: February 13, 2013 Filed: February 15, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Corey Benjamin appeals after he pled guilty to a firearm offense, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e), and the district court1 sentenced him 1 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota. Appellate Case: 12-2164 Page: 1 Date Filed: 02/15/2013 Entry ID: 4005448 to fifteen years in prison, the statutory minimum. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), requesting leave to withdraw. Benjamin’s own admissions at his change-of-plea hearing established that he had violated 18 U.S.C. § 922(g)(1), and that he had at least three previous convictions for separate offenses within the terms of 18 U.S.C. § 924(e). Thus, after carefully and independently reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75 (1988), we conclude that there are no nonfrivolous issues for review. See 18 U.S.C. § 924(e) (person who violates § 922(g)(1) and has three previous convictions for violent felony or serious drug offense, or both, committed on different occasions from one another, shall be imprisoned not less than 15 years); United States v. Watts, 553 F.3d 603, 604 (8th Cir. 2009) (per curiam) (“District courts lack the authority to reduce sentences below congressionally-mandated statutory minimums.”) (citation omitted). Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________ -2- Appellate Case: 12-2164 Page: 2 Date Filed: 02/15/2013 Entry ID: 4005448

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