United States v. Jessica Wallace


PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [4367053-2] motion to withdraw as counsel filed by Ms. Heather Quick. [4455637] [16-1138]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1138 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Jessica Lynn Wallace, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Northern District of Iowa - Ft. Dodge ____________ Submitted: September 7, 2016 Filed: October 5, 2016 [Unpublished] ____________ Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Federal inmate Jessica Wallace pled guilty to conspiring to distribute 500 grams or more of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846 (Count 1); possessing with intent to distribute 5 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) (Count 2); and possessing a firearm in furtherance of a drug trafficking Appellate Case: 16-1138 Page: 1 Date Filed: 10/05/2016 Entry ID: 4455637 crime, in violation of 18 U.S.C. § 924(c) (Count 3). The district court1 sentenced her to concurrent prison terms of 120 months on Counts 1 and 2; a consecutive 60-month term on Count 3; and 5 years of supervised release. This appeal followed, in which Wallace’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable based on Wallace’s circumstances. We conclude that counsel’s argument lacks merit because Wallace’s prison term represents the statutory minimum, and therefore it is not subject to review for reasonableness under United States v. Booker, 543 U.S. 220 (2005). See United States v. Gregg, 451 F.3d 930, 937 (8th Cir. 2006). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, the judgment of the district court is affirmed, and counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. -2- Appellate Case: 16-1138 Page: 2 Date Filed: 10/05/2016 Entry ID: 4455637

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