United States v. Jerrell Coate

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Steven M. Colloton and Raymond W. Gruender (UNPUBLISHED); Granting [4051054-2] motion to withdraw, subject to counsel informing the appellant about procedures for seeking rehearing or filing a petition for certiorari.[4094844] [13-2307]

United States Court of Appeals
For the Eighth Circuit
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No. 13-2307
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Jerrell E. Coates,
lllllllllllllllllllll Defendant - Appellant.
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 5, 2013
Filed: November 12, 2013
[Unpublished]
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Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Jerrell Coates directly appeals after he pleaded guilty to being a felon in
possession of a firearm and the district court1 imposed a sentence at the low end of
1

The Honorable Beth Phillips, United States District Judge for the Western
District of Missouri.

Appellate Case: 13-2307

Page: 1

Date Filed: 11/12/2013 Entry ID: 4094844

the Guidelines range. His counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the prison term imposed by
the district court is unreasonable.
Upon careful review, we conclude that the district court did not abuse its
discretion in sentencing Coates. See United States v. Feemster, 572 F.3d 455, 461
(8th Cir. 2009) (en banc). Further, having independently reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm the judgment of the district court, and we grant
counsel’s motion to withdraw, subject to counsel informing Coates about procedures
for seeking rehearing or filing a petition for certiorari.
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Appellate Case: 13-2307

Page: 2

Date Filed: 11/12/2013 Entry ID: 4094844