United States v. Brenda Stacker

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED); Granting [4090373-2] motion to withdraw as counsel filed by Mr. Troy K. Stabenow subject to his informing appellant Brenda Ann Stacker about procedures for seeking rehearing or filing a petition for certiorari. [4127762] [13-2989]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2989
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Brenda Ann Stacker
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Jefferson City
____________
Submitted: February 21, 2014
Filed: February 27, 2014
[Unpublished]
____________
Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.
____________
PER CURIAM.
Brenda Ann Stacker pleaded guilty to a fraud offense, and was sentenced by
the district court1 to 4 years of probation. On appeal, counsel for Stacker seeks to
1

The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.

Appellate Case: 13-2989

Page: 1

Date Filed: 02/27/2014 Entry ID: 4127762

withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the court abused its discretion by failing to convert Stacker’s felony
conviction into a misdemeanor. We reject this argument as legally unfounded.
Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80
(1988), we find no non-frivolous issues. Therefore, we grant counsel’s motion to
withdraw, subject to his informing Stacker about procedures for seeking rehearing or
filing a petition for certiorari. The judgment is affirmed.
______________________________

-2-

Appellate Case: 13-2989

Page: 2

Date Filed: 02/27/2014 Entry ID: 4127762