United States v. Dustin Dimmick

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye (UNPUBLISHED); Granting [4325598-2] motion to withdraw as counsel filed by Mr. Jim K. McGough. [4374294] [15-2904]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2904
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Dustin Allen Dimmick
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Ft. Dodge
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Submitted: March 1, 2016
Filed: March 4, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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PER CURIAM.
Dustin Allen Dimmick directly appeals the sentence imposed by the district
court after he pleaded guilty to being a felon in possession of firearms. His counsel
1

1

The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.

Appellate Case: 15-2904

Page: 1

Date Filed: 03/04/2016 Entry ID: 4374294

has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S.
738 (1967), arguing that Dimmick was incompetent to plead guilty because he was
not provided access to a law library. We conclude that access to legal materials was
not required because Dimmick was represented by counsel. Cf. Bounds v. Smith, 430
U.S. 817, 828 (1977) (inmate must have access either to adequate law library or to
persons trained in law); Bear v. Kautzky, 305 F.3d 802, 806 (8th Cir. 2002) (there is
no one prescribed method of ensuring inmate access to courts). We have reviewed
the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no
nonfrivolous issues for appeal.
Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
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Appellate Case: 15-2904

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Date Filed: 03/04/2016 Entry ID: 4374294